\«r -*\ -m 'jr'"^fc~ . ^^■'^ • ' t,- -:•{■ "■ :^».. ■ Microcopy No. 584 RECORDS OF THE DEPARTMENT OF STATE RELATING TO POLITICAL RELATIONS BETWEEN THE UNITED STATES AND BRITISH AFRICA. 1910-29 \ Roll 1 LISTS OF DOCUMENTS 711.1*8al2/Aati-War/ll - 7ll.^v^l6 DOCUMEHITS ^ 711.— POLITICAL RELATIONS ; ^ [TLL.hSa British South Africa; ^^OL,kSv2/l6 Zanzibar. 5 711.1»8al2 Anti-War/n - ^Il,k8^f2/l6 THE NATIONAL ARCHIVES NATIONAL ARCHIVES AND RECORDS SERVICE GENERAL SERVICES ADMINISITRATION . Washingioh: 1966 ■y- ■ ^ . M i •^:--f«,:- ^V'.^ ti 'i iriiHilM;Aii ni liiMiiiliiiri-'-l '•ifiiiiiliiiitii'iliii'iiiitTiititl-iMiilirilirniiilitf i; J4SSBLSI8B "" r L.ISX OF PAPER s - 8 i South Africa for a Treaty Subject Negotiations between United States an( for the renunoiation of Mr* TraBiSS^ SUB No. FROM— DATE TO- SUBN*. PURPORT J X_i ■toy 21. Great Britain NOTE SSB: 711.4112 Anti lir/67. • Tel* 130 *pn InTitation to he sent to soutn Africa to become a party to treaty. • / Instructs to address note to Britisli Jtm U / Foreign Minister* Quotes text of* i«- CbPtet Britain lel.lSO «pM South Africa is only Gar t .which has - / not replied to our inyitation. ^ //•-^ Ascertain whether answer can be ^ / e^qpected shortly. ^__ Gr«^t BriUin UthertonlTeiaU Great Britain Jan 15 noon U /Hotedi iouth Africa accepts inviUtlon to ' 71d.4112 Anti Viir participate in treaty. /-^- Jun 19 NOTB SBS 711.4112 Anti lar/133 re^srding A (Atherton)#2663 reply of South Africa to inyitation / to participajte in treaty* Vv 5 Gr^ Britain JiiLae WB South Afric|i*8 reply to Secretary's A (Athertonla?el.#16i ^2pm Jul. 18 NOTE note of June 23rd. y 6 Great Britain SEE 711.41112 Anti War/l64 regarding A (Atherton)Tel.#16e "-Ham South Africa's reply to note of ^ June 23. \ >/ ? Great Britain Jul.ia mm 3EB 711.4112 Anti lWar/l59 recardinfi* (Atherton) #2900 reply of South Africa to Secretaryi ^ y 1^j29 note of June 23rd. Ce G^at Britain Jan • 25 3 Advises t}B| t there is some appre- r^ T6l.;?22-5pm hension recardin^" jjossible delay (Houcliton) in Soth African ratification. ^ 9 • Jan. 3; G*^t B-itain i)9l.#23-lprn Instructs to inform Doijt. of precise ^ nature of "South Africa's favorably y^ action" and basis of inforraation. X 10 GiMat Britain n'Q'h . 1 3 Above. telei:;ram.ni£;h Coramissiont3r \ 'j9l.#26-noon for South Africa has been (Hou iiton) instructed, bt his Govt, to a^jproach • British ic^vt.with a request that •■ the Kin^,^ ifatify treaty on behalf / of South i^frican Government. Interviev; b^tvveeii A^nbassador Houjh- V 11 Gi^^t Britain r'Qb.26 /) (Atl'iorton) #- ton ard SDuth African Hi^^h Com- missioner rejardinj &ttfif^if'»»ee-ef ratification of South Af2:'iGa. ' ■ j. - fc". ♦ , -^-- • * # lift w : » ^ , ^ —J j.^^ .^ ^ jLH . tr S. V& '^ ■* LIST f' I ' £ .- ~ •:■ '•:,.- -♦•♦■ Svmject: 3 of Commeroe & Navigation - U»S> & Zanzilwir* ^ ^ SUB No. FROM Peace Mission^U^S* m^ TO June ZZ% c-a TKL> 2715, Spin 1 li^l7 SUB No. PURPORTi > / Treaty of 1833 with U^Sxfe .Zanzi bar, > BritoGov t> a8k9 U,S«to s^ffjVQQ to canoelAtion- of article six of- aa it crea t ed some inconvenienc^a in byJL JZaS—llQ: posed on' rental values In ^ iig_A treeta>J,S>olaimed Aaerioanfl ex- Jan>23, ilQTJ ** ^ tax W above Tre Note ^M2 gEKmev^l ill /l & 2 for despatche s_ 1914 Y Z from Mombasa #46 Jan>23 & #106 ,1917 re ;^anzibar Govt.D oree m j g-nparent conflict with JC±lQl certain Qxpor from Zan ' zibar I to an Am* Apr* 26 « iyi9 I ^ June 29 !K0T£g££848v. 5:12/1 for despatch from Zanzibar #40 re 'i?reaty of 1853 >^-^ % -ft ^ PdaoeUtiaalon U#8 Jtme ^ i^nb« #561 between p«£» & ^anzibar^Aska if article b of- is in force .Consu- late refjuaed to pay tax when re- quested*! NOT ^ n 2q\ fiom Peace Mjgsion U*3> #2875 9ixD re; Zanzibar :que3t ion >3perlinr: of (Xpr in^ hope U*S» will meet Brit^re^ Desires information as to whet h e r July 29 SO © > "?. ti> ^ ■L ••:•. O c*^ c< y.T)i: J>^ 5 rr *Lf any objections to giving assuran- ces to Brit* of favorable oonsidel ation of -* and llMoat SraasBdts nott from ftritltfi Jlale^tite i Jane 21 iaad memo from BritiA ?#0# gO"?ift w&s l)a8^» traaty rel^tiona bet#— n tha U*l ana th<^ British f rof otorata ?^aiii1liarT informatl^T? ^t- Bit* that t£A Modifyin g of Treaty of 1833 betw^ n the 'U,S* and Muscat * Inform s ■ ■ - ■ ^ ^■^■■ ■» -■■■■1 ^ " ■ matter was brought up by the - ^^^ ^M ' ^^^ ^ I ■ ■ I m ^^ Brit* iRepresentatives in -^aris in connection with .im* proposal for a ifinancial protectorate in i^iberla* V-- i*i^ ty "bGt-l^veon U*S^ arci ie3S>Iiiforrr:3 that n "Oil* lia 1 14 v;ith t to t::e t^i:-es 07 ii^* It- .•.•■» -s x">na.uti.ori2ea oy u ^ t> Ml**— I -J - .?-.;■ ' » > .. ,\ LIST OF PARERS Page 2 ^ * . v^ ■ » ^> ^X J ■• \ ^-^ : - ^'y ^ ?%■>* i -,;.•• -V 4: v» ^■?K," J M 4^T'- .•.>^ Subject: -fra;^U£s._Q;f..CQcriQraeL.aud_I^xi^JiiDn:?n^ / y • x' t^ I I* I I I I s: p - \ ^ r* > SUB No. FROM— t • 1 sW Au:..12 TO- SUBNo. ^ PUIPORT. ??!i?.k^:..-?[^R^?-?JZ 5 .4'k?!?-trzztiPAl-.P.?_.2:ltf-.J...P.^.J-lie--1;r£.;l^^ ••ri- ll .cc'ncJrv:lcJ._.]Dj9fe7^_er._t!^^^ V ^..2_-... .... Bjr.it...^Siib...l6.92 re SG r^at 1 on. nade _.fe / sspiA;^t.....so at Z'^irizi'b:-:.T .in 1914.T;itli„re-jla€LCt 1 0. . .tie . ^\ ^j^j 1 5jn t . _o f . . t An^^^ c_iti.scr:5.j{ria..VIl^k"'^-t^^^^ .G-ovt Article VI of Treaty between U,S» JSi-nd Mils oat. .of . 3 e p t • 31 .1 8 8 3 t.Inqu i ^.^.^.J/^.^^}^.9.^. ^•P»^py^. y^.9:^}^...9^X^.Q^ .^.0 .3^9©— 9-?..J?PA® -P.^ lA'tJ^-..9-?---4il^£^?.. i^ Zanzibar Gourts as evidence of in P.P.^.RT.^P.^P.L^I^. 9A\.PP?. j?.?.?.%.'^Y_.-^Y.-?.? S.» . . .Q oy.t .• .1 .1* _ . .i _n. _ .e v.e.n t . _ .o.f . . .<) b j ©.ct i .OJX 8 lritis>lV^....S^.M 3e.p.t.,.a5....S..O QoUH #. SQ 9- — Brlt4d^ Embaasv llar.^..a.. -Jaix«j3il ^y^(G" [ .JBr.iV..;;:nib....#-.SO. V td T 8 .St|^..Dep.t^..M.emo...|T.Gh._19. .Near..Ea5.t.ern..Ar-.. .f?, i r. 8 £ Ailing.) td F.Qh^Zb. ....w.cuId..y.%S.^i}.Q.Y.t...^:^.!will.i.2ig..lna-trac ....C_023ji...^an;5lbg,r..n'l_Y5...eYldsnofi-l»-.- ....Bfi!fiot..at£.tfid...iiL.notfij» . . 3fiYisii3n-..Qf...£ri2a.tir.....ox..*S53-.with..:. « «aniibai:'AlJaicfia-_furth£r..representl -at-ions-te-^^Bi:lt*-uo:5?t-di3es-iiOt desiiie-to-c-o^-plain-of-actj.on-"by .* ai^^ept* Memo> Treaty DiT> (Keating ) (Albfecht) Tr^nij^yy <^fi t6 vlflWB 1 T1 y^ gfl r ' La note» que at a his p rnpQg lei Hedification of certain prorisions of State Memo Jiine 11 td (Mc Clure ) the Muscat treaty in its application iuggesti that Dept> should ag;ree to under tir^h 4^-599 Nov. 4 •^bagj certain conditions. Do ^ approval of ' ^ vi a i on ^"^ -^h ^ j^^n ^^^-y r,^ ift:^:^ ^ mat. Nov. 14 PQviaioY^ of Troat y of 183g botwean ^" ^a f >t An^^ ^vnf. Emb<^R8y as ftftchftd. Jl T 4 '«> X ^ 1 ", ' <-' . ^.>. ■ :r .4 \ . % -i-v^^V.;- .V *^' r>v CLASSIFICATION CANCELED AUTHORITY LETTER OF 1-8-58 FROMW.IL, ANDERSON, STATE DEP'T C?vw^ DATE 7/jl Subject STOth Ifrlo* for • treaty for th» r«n.unoUtion of ^r« «rl. Please do not disarrange or remove papers from this jacket or deface jacket with office stamp or notations. 1— 13M %. %. •ovBavxaxT rtnrroM ovnos; mm .'.Jk': -tt*. L^^ ^-*'- A^ c CLASSIFICATION CANCELED AUTHORITY LETTER OF 1-8-58 FROM W.^ ANDERSON, STATE DEP'T W.IL ANDERSON, STATE DEP /VC^v..^^ DAT E 7/^j//.^ / DOCUMENT FILE NOTE m> '~ • — ■ it.'Mv ,:/••*'• -^' <*>■ 7ftl.41I£ intl FOR T«l*#130 4pci .7 I FROM TO Wm t "Br i tiln ( ) DATED liiy 21 • 1926 1—1127 Q P Ou NAME 4. regarding: l»»lutlo» t. M ..nt to south Ifru. to !.«,«» . part, to treaty for the renunciation of war. It n» Mt ^ OB nS K hELt CLASSIFICATION CANCELED AUTHORITY LETTER OF 1-8-58 ^ROM W. H, , ANDERSON, STATE DEP'T b X^^^^^. /Vc^v^.^A. DATE 7/^//^ir v^ c wp TELEGRAM SENT AmEmbaesy, r London, (England). GREEN May 21, 1928, 4 p. m. 130. URGENT. Your 115, May 19, 3 p-; :&, On Friday afternoon when the British Ambassador handed me a copy of Chamberlain's note of May 19, he dictated the following extract from separate instructions which Chamberlain had sent him regarding the participation in the treaty by the Dominions and India; QUOTE As regards the procedure respecting the Dominion Grovernments and the Gtovernment of India, His Majesty's GroverniTient wishes to stress the obvious necessity for the whole empire signing the treaty simultaneously. His Majesty^ s Grovernment in Great Britain feels confident that the United States Grovernment will approve participation of the Dominions and India and will gladly extend to them the necessary invitations* They would much prefer separate invitations being sent to each of the Dominion Governments -^ ^ M I ^ ^ and • r-B » »m- - 2 - No. 130 to London \ and there would be no objection to the invitations to Canada and the Irish Free State being extended through the United States Legations in Ott awa and Dublin and the invitations to His Majesty's Grovernraents in Great Britain, Australia, New Zealand, South Africa and the Government of India through the United States Ambassador in London. UNQUOTE I am today telegraphing to our Legations at Ottawa aii.(J Dublin the text of a note to be dated and delivered tomorrow inviting participation in the treaty by Canada and the Irish Free State, respectively. iJt view of the procedure suggested by ChamberlaiK. through Howard, I desire to have a correspor.ding iavitatiOR extended by you tomorrow to Hie Majesty's Governments in Australia, Hew Zealand and South Africa and to the Government of India, According to information furnished by the British Embassy, your note of invitation should be addressed to Chamberlain. Unless a different procedure is requisite, particularly with reference to whether there should be four separate notes, in which case make xhe necessary changes, you should therefore date and deliver tomorrow to .^ > . • < m i ^. «. • • . I » t -. 3 - No. 130 to London to Chamberlain the following note which mutatis mutandis is identical with those to be delivered in Ottawa and » '^ . .■ f Dublin: / QUOTE In the note which you addressed to me on May 19, 1928, you wore good enough to inform my GroVernraent that Eis Majesty's Grovernment in Great Britain had been in communication with Kie Majesty^ s Grovernmente in the Dominions and with the Government of India, and had ascertained that they were all in cordial agreement witn the general principle of the multilateral treaty for the renunciation of war which the Government of the United States" proposed on April 13, 1928. You added that you felt confident, therefore, that His Majesty's Govern- ments in the Dominions and the Government of India were prepared to accept an invitation to participate in the conclusion of such a treaty as that proposed by the Government of the United States, I have been instructed to state to Your Excellency that my Government has received this information with the keenest satisfaction. My Government has hoped from the outset of the present negotiations that the Governments of the Dominions and the Government of India would feel disposed to become parties to the suggested anti-war treaty. \ y^Mmmmma^mmmt mti ^ < m cr-^ EG - 4 ~ 130 to London treaty. It is, moreover, most gratifying to the Govern- V rnent of the United Statec to learn that Hie Majesty's Governments in the Dominions and the Government of India are* so favorably inclined towards the treaty for the renunciation of war which my Government proposed on April 13, 1923, as to wish to participate therein individually and as original signatories, and my Govern- ment, for its part, is most happy to accede to the suggestion contained in your note to me of May 19, 1928. Accordingly I have been instructed to extend u?7jough you to His Majesty's Governments in Australia, L^ew Zealand and South Africa and to the Grovernment of India a cordial invitation in the najne of the Govern- ment of the United States to become original parties to the treaty for the renunciation of wg,r which is now under consideration. Pursuant to my instructions, I also have the honor to inform you that the Government of the United States will address through you to His Majesty's Governments in Australia, New Zealand and ^ South Africa, and to the Government of India at the same time and in the same manner as to the other Governments whose participation in the proposed treaty in •^. y" 'W*\ ' • f ^ y EG - 5 - 130 to London in the firBt instance is contemoleted, any further communications which it may make on the subject of the treaty after it has been acquainted with ithe views of all th^ Governments to which its note of April 13, 1938, was addressed. UNv^UOTE V Pleaee iAform the Foreign Office that the Grovernment of the United States prapoeee to release the text of its invitations to the Dominions and India for publication simultaneously in the United States and atroad in Friday morning's nev;spapers. May 25. You should make appropriate arrangements for publication in the local press. Please telegraph as soon as you have delivered the foregoing note. KELLOGG U SPrEHfC §> ) PREPARING OFFICE WILL INDICATE WHETHER Collect Charge Department OR Charge to 9 i-* i'i V ! ttLEGRAM Sent /• c- wmatnt xA S^tutt TO BE TRANSMITTED CONFIDENTIAL COOfe ( NONCONFIDEN^TUU. • 4 I. u / ■ PLAIN '^ / ^ -» Washington, •:M. M AMEMBASSY 4UW 14 ^8 Jun6 14:, 1^2$JJ\ ^ / /muu LONDON ( ENGLAND ) . Your 140, June 11, 6 p,m« South Africa is the only goveiminent which has not ^ yet replied to our invitation. informally ascertain from the Foreign Office whether I may not eipect to receive shortly the reply of South Africa, Report by telegraph. d t ^ ^ K N ^^nnnn U SP:HWC :') jiJc,; V .^ \» '***^ • I Encipher td by Seni by operator ..,J\4., , 19 , _-. '*>"^, Indti Bo,— No. 60. 1— IM " f r f«' . ^ / / TELEGRAM RECEIV C 1S& I DEPARTMENT OPIATE 6 1928 OlYISIOIUPt ^ GatMIRNEUROPElm AFFAIRS ^v*U RiOM J V. LONDON Dated June 15, 1928 '*..•< k > * « ■ » ...<.» Secretary of State r/ ^ Washington UNDER SECRETARY JUN 15 :M':ii f1 ecd. 8.35 a.m. DBPT. OF STATE I « » » NJ 144. June 15, noon. The following note has just been received from ^ the Foreign Office dated June 15th and addressed to me 1 as Charge d' Affaires ad interim: "Sir." With reference to the note which Mr. Houghton was 80 good as to address to me on the 32nd May conveying an invitation to His Majesty's Oovernment in the Union of South Africa to become an original party to the proposed treaty for the renunciation of war I have the honor to inform you that the following message has been received ^ by telegraph from General Hertzog, Minister of External Affairs of State, the Union of South Africa for communica- t ^ H e i« tion to you. .*♦" •Through the good offices of His Majesty's Govern- ment in the United Kingdom the contents of the note ^ addressed by Your Excellency to His Excellency the British ^^ Secretary of State for Foreign Affairs on the 32nd iay were CO • A /4S2&e ■^— - f.^ i; y • - 3 - 144 from London - wcro duly conveyed to me. On behalf of Hie Majesty's » •■ # m* p * ^ Grovernment in the Union of South Africa I beg' to 'state that the cordial invitation of the GrOvernment of the United States extended to His Majesty's Government in the Union of South Africa to participate individually and as an original signatory in the treaty for th» renunciation of war which the United States Crovernment proposed to various governments on the 13th April last, is highly appreciated, and that Hie Majesty* e Government in the Union of South Africa will gladly take part therein as invited together with the other governments whose participation in the proposed treaty was invited in the first instance. In e^ressing their willingness to be a party to the proposed treaty His Majesty's Government in the Union of South Africa take it for granted - (A) That it is not Intended to deprive a^y party to the proposed treaty of any of its natural right of legitimate self defense; (B) That a violation by any one of the parties of any of the provisions of the proposed treaty will free the other parties from obligation to observe its terms in respect of the party corarnitting such violation; and (C) '4, i4- ,+^ * a: c - 3 - 144 from London (C) That provision will be made for rendering it ^ulte clear tha"t it" iV not "intended' that the'Uhiori of South Africa "by becoming a party to the proposed treaty- would be precluded from fulfilling as a member of thd League of Nations its obligations towards the other members thereof under the proArisions of the Covenaiif of' the League. ♦ I have the honor to be - With high consideration. Sir, Your obedient servant (For the Secretary of State) R. L. Craigie" In view of the Department's telegraphic instruction number 150, June 14, 1 p.m., I have agreed that the text of the note will be released by the Department for publica- tion in the United States in the morning papers of Saturday, June 16th, and by the Foreign Office here and in South Africa at the same time. ATHERTON HPD c » DOCUMENT FILE NOTE % 711.4112 Anti War/133 FOR despatoh #2653 Qreat Britain FROM TO ▲thortoQ June 19,1926 ( ) DATED 1— 1U7 aro NAME REGARDING: foply 0^ tho GOToromdnt of South Ifrioa to invitation to bocoma a party to the Antl*>lkr Treaty* It D K ttf G i \ J k# . * :»'^""P(»"' '^^* T» "V";*f"i»r''- -,. ^- , .-;«i« ( ^UIH'i'UPLIJA'i'i!) 10. ^1r^^3 x.oiidon» Jun« 19 » 19fta« N IM Honorable ill* S«or«tar/ of it&t«, Vaahln^ton* SlT, Vlth ref^renoe to tho "apartaont's tole^raphio reqa«tif ' th« dttt^d fliy 11 • 4 p*m., w} loh y to oztand tJ.roagh tba 3toratar/ >^ Of Stato for loTdign i^f fairs, to Els «iajo«t/*« 3«v9riiB4ata in ^oatralia, :i«w ^o&lattd ^d Jouth 4fria&« and to tha ^OTemiaont of ladia, « oordial inTitation in th« aaaa oi tba ^ vommaat of tlia Unitad States to baoo&a original partiaa to tba tvaatjr for tha rananoiation of vttV, vhloh la now ondar oona id oration* I haTO tha honor to forward horawith oopias of tha eaT«ral raplias, whioh w«re tranamittad to tha i)a« partMont aur V^. ^ ^V ^ '••v > > l\ ^^. ^ «lMikdb ' " ( mj 30, 5 p.a.. So. 132, dat«4 Ju/w «, 1 p,a«^ :io. 140, lated June 11, 6 p.m., and Ho. 144, dstel Juno 15, 12 n,Q9tu 1 have tha houor to ba. iir, Xoar obodiont aorvant. "^ " I f ^ / R«jr Athorton, Uhargd d'/Urr^ires ad interla. Analosuros: «^opia« ;^r rdpliea froiii (}•▼• rnA4ia ts of - Auatralia, Udw 2ioal8uid, India, and Union of douth Africa. lote 1776 tatad May r^, l»£t» to -oraign Offioa. * » 1 ' /? r. Ji. 4^. ._*.'! io^jiiw Oififias, d«ii«i. v. A 3570/1/45* ^^^ ^^^ ^»«*^* 3ir, In tl.« note whluh ^* liooghton vae ao good as to ikLdreas to mo on May 2tnd ho oxtondod on bji ulf of tho ^varnvant of tho Unltoi Jtntoo an invitation to Hio olajoaty'a Oovorniaonta in t/o «3o.:aaonwoalth of ^aatralla, Vow ^oaXand and in tliO Union of aouth Afrioa, ua wall oM to tho Jovornuicnt of India, to pfirti^jipato i/Uividaally and as original (ji^ator.ioa in tbo troat/ for tbo ronuutuiation of v/ar wLluh la now undor ooniiidaratioa* S* I now haro tho honor to infum you thai Hit ila^08ty*a ^orornaidnt in Vaw 2«aland havj rooolTod with wflum approoiation tho inritation addreuaad to low ^acidand to tooooAO an original party to tho troaty propoaod by tho ilovarnxaont of tho Unitod Jtatoa lot tho ronunoiation of war* Hia Majoaty'a ioromtaont in A9\a ^oaland woloooo tho ooportunity, in oooporation with i^ia i*ajoaty*a OoTomiuonta in othar parto )f ti^o Britiah ^npira, of aaoooiating thoosolTea with tho ^orarnuiont of tho Unitod Statoa in thia aorosont to add ^roator aoourity to tho poaoo of tho -ivorld and they will bo happy to aharo in any nOifOtiationa loading to tha oonolusion of tho propoaod troaty. '^ T ' >■ \ (I* r i OF :H- ^'' .N-.J I haro tho honor to b<3, with high oona id i ration, Tour ob#44ant aorrant* (/or t Saorotary of itato) (aignod) R« L« Jimigia &ay Athorton, iiaq*, ato«» ot««« oto ^mm. '•*-- *■- 19, ▲ 373i/ViG. £nd JuiM, 1920 • air. la tliO note wliiah •ir* Kou^-htOA vat so g^od »• to •ddr«s» io «• on Myr £Sa4 last, h« «)Xtozidtd Qn boh^lf of tko JoTornmoat of tlio Uiiitod ^t«%«« aa iaTitation to His Majdoty's JoTomaoat ia tte vOKuaonwoalth of AiLitralia to partiaipiito ludiTidiially and ao an original sigaatorj in tha troatjr for tho renunaiation of var whiah io aow imdor oooaidoraVioa* t* I now haro th« honoar to inf :ria you thdt kia iiajeaty** (^oyomioaat in tlio Joaaonv^oalth of 4«atralia ha¥0 rooeivad with appraoiatlon tita inTit«thotioAlly oxoath ifrloa, for oonmunlaatlon to you:- Throu^h the food offioes of His iiajesty's '*3ovomadQt la tl o United xCirid^oa the oantents of "the note addrssssd by Your x^xoell^noy to His '*Zxasilansy the British ieoretary of otats for '^/orelga Affairs on the 22nd Jay were duly oonroyed "^to ins* On behi\lf of His i^Jjsty's Jorsmiaent la '*%he Union o>- South Afrloa 1 beg to state that the '*oordlal Invitation ^f the viovurnHiont of the United 'itatea sztendea to Uls Majeaty's Jovomoont In the ** Union of ^outh Afrloa to partlolpate IndlTldoally ''and aa an original slgaatory In tho treaty for ths "renanaiatlon of war whloh ths United <>tatss iovornaent ''proposed to Tarlous ^oremaonta on the 13%h April '*laat. Is hlThly appreolatsl and that His itajesty's '*9oTem^'9nt In the Union of Jonth 4frloa will gladly ""taks part therein, as Invited, tor?ether with the "other Kaj AtLsrton* i4it«» sta« , •%•• • ata* tTK^^^fn- "othar ^TdrnaontQ urhoue partial^tion in the '*propo»oi troaty was invited in tb i first inutano** "In dzoraaaia^ th«ir wiiXirwndft* to b9 a pari/ ''to ¥hti peoiiOjH^ treaty liis i»lajdiity*s Jortt runout in "^tha Union &£ Joath 't.'rioa t&^.o it Tor grnntei - '*(a) that it la not intondod to deprirs any r^artj "to the propoaod treaty of any of ita n party oomaitting ''sttoh violation} i«d '*(o) t/ At nroviaion will ba aada for renderin^ir it "quite olear that it ia not intended th it the Union '*of Jouth Ai'rioa, by baoon^ing a party t > tha propOi^ed '*tr^aty, would ba preolalgd frot^ folfi lias, ae a '*taaabor of the i«eague oC Katiorm, ita obligations '^toararda the other aeabura thereof ondar the '*proviuion» of the Jovanant of the i.ea,?.e»'* 1 have the honoar to b<9, with hi«:h oona iteration, dir, lonr obeiient >orTant, \ (^or tie ieoretary of Jtate) (digned) H« ^* Jraii^ie. L a^K^ ^ .v^Tr-\ Xmmr - ^^^^ Vo, 1776* London, iM&^ ){&, X9&0« dirt In th« AOt« whiah you addroaood to May 19^t, yoa were good onoujh to inToraa my Jorernmant tliat " Els «»ajo3ty'8 JoTomaoat in )r«mt lirit'iln hid b:on In oofiiiaunljatiQn with iiij iiajasty'o 5ov j r^ninonta In tho Dosiaioas and with tho ^OTomment of Intift and had aajortainod ti t thoy wore liil in oordiol ajrooaant with th^ gon^rul prlaoipia of tha aultilateral treaty Z%r tha rtnimoiation of *ar whioh the ;ovorni^Gnt of tho United 3ti*tafl propo«od ou Ipril 13th, 19St*. Xou added that yott folt oonridant, tharo^ora, that iila -.ajoaty'a OoTonLicinta in tho lM>nlniono and th« JOTarn^uoat of India mtt^ prafaraA to aooapt an Invitation to >artiaipata In tha oonolo^iion of auoh a tr«aty aa that propo^ad by tha Sovoruaiant %t tha Unitad itatea* I hara boon in«truotei to ata.a to you th it ay 3orammont has rcaaivai thia infortaatlon with tho ko^noat aatiaf action, iiy ;;ovara«ont hw ho^sd from tha outaot of tha praeant no^otiatlona that tha 5ov«rn- aacts of tho XKjmlniona aiici tho JoTami!v>nt of Intla would faal dlan»8«A to baoorzto partiaa to tha au^i^aatod smti*war troaty* ble fha llight Hon • Sir 4.Uiiton Jha^'iLarXaln, ^Ccd*, •%••• ato*. ata* , #or-ai||tt Ofiao, J**«« ^HMMM MMHMitaMM^I 8 troaty* It I0, Aorooror, laant ,^ratlf/lng to tho 3eT«maoat of tho Unite itatas to loam that His iiajaaty'd lOvtnicftanta In th^ Domini ona and th-i -^oreni- aant of India &re so f^rorably inollnod towards tho treaty for tho renimolatlon or ;/ar whloh ny 7or«mmflnt propo^d on April 13th, 19SB, as to wish to partlolpata tlcroln Individually %n\ aa orlpflnil al«rnatorlo8, ind my JoTorniacint, for Its r»art, 1p lao'^t happy to aoaodo to tho saf:,^wetloa oonlaii^ai in yoar no to to me of May 19th, i9se, Aooonlinrly, I lave b en Inetraoto to extond, thrott-ji: y , to iiie -ia^l^ety's (JOTernnn^ntt la 4uatralla, Jiew r.ealmd and 3outh i.frlaa, and to tha ioraraaent of India, a oordial inltativn, in t\ ^ na a of tho Jovam- iaant oC tha Jnltod :;tate8, to booo .9 original partloa to th ' treaty for tho reiiunolGtion o. \far whioh la now unadr aon Ideration* Purauant to ay inatruotiona, I alao hare tha honor to Inforcu you that tho JOTarnudnt of the Jalted itatea vvill addroaa, throuTh you, to Els Uajeaty'e Joremaente in .uatralia, ilew ZaalanA and ioath ifrloa, and to tho roremaent of India, at the time and in tho aaao ainnor aa to tho other 3«TeniAdnt.s whoae partioioatlon in the propoaad traaty in the firat ioatanoe io oontemplated, any futora asnsa .nloatlonfi whioh it .nay aake on tho onbjeot of the treaty I • t / ^^ trtftt/ aftar it has b««n ftoqaalntdd uritb tho t1«ws of all th« JoVomiAents t wMoh Ita not« of prll 13th» X9Se, ^tdrtsseU I have t} • honor to bo. with tbo hiy Oharaberlain this morning on behalf of Hie Majesty's Government in the Union of South Afrioa, datod July 18, and addressed to mo as Charge d' Affaires ad Interlmj "In the note which you were so good as to address to me on Jime 33rd last you ete^ted that the Qovernment of the United States would be glad to be informed wbethe^r His Majesty's Ck)vernment in the Union of South Afrioa were wiU^ng to join with the United States and other similarly disposed governments in signing a definitive treaty for the Renunciation of far 4 in the form of the draft treaty enclosed in your note two. I now beg leave to inform you that the following message ^ S . has been received by telegraph from General Hertzog, Minister of I^tfxnal Affairs of the Union of South Africa, for comaunioation to you: "~ »0n behalf of His Majesty's Government in the Union ff a. MM J482M MMM ■Et. /><'.' A? 1- J - 2 - 165 from London Union of South Africa I have the honor to inform you that my government have given their most serious consideration to the new draft Treaty for the Renunciation of War submitted in your note of 23rd June and to the observations accompanying it. My Government note with great satisfaction; (A) - That it is common cause that the right of legitimate self-defense is not affected by the terms of the new draft. (B) - That according to the preamble any signatory who shall seek to promote its national interests by resorting to war shall forfeit the benefits of the treaty, and; (C) - That the treaty is open to accession by all powers of the world. My Government have further examined the question whether the provisions of the present draft are inconsistent with the terms of the Covenant of the League of Nations by which they are bound and have come to the conclusion that this is not the case and that the objects which the League of Nations was constituted to serve caji Dest be promoted by members of the League of Nations participating in the proposed treaty. Hie Majesty's Government in the Union of South Africa "N M' •'f r .ij'i ,x ■ > - 3 - 165 from London Africa have therefore very great pleasure in expressing their willingness to sign together with all other powers which might be similarly inclined tha treaty in the form proposed in your note under reference*". ATHERTON WSB inmnnmiAimftnmi t DOCUMENT FILE NOTE FROM TO .7.U.f.4LU.?L.iaJXtk.far/l54 for Tttla«Eaai.-tldarllam. — QiVMit. Jr.Uata ( . A.th«rtpn.. ) dated .J^-?Jr-M«19M.-. 1— 1U7 O P o NAME REGARDING: South Afrioa'i reply to 3eor«Ury'8 note of June 23 ^ N^ \ % % tt ^ H tx) v> 73 ^ ^ G It *.*••« '*'/* %A <*. .-: k. AMA^^flriM^MM^^h^rtlMAl MiHtf^^MfttfBHIflab • \ DOCUMENT FILE NOTE r 711.4112 Antl War/l59 FOR Despatch #£:;^00 FROM TO Great Britain , Itherton v July 16,1928 ( ) DATED ^.. NAME 1— IU7 F O REGARDING reply of South Afrioa to the Secretary's note of June 23rd. It \) 4^ 5^ u w H o a Xj t QUINTUPLr ATE •#.^^^^ XMiAMi. ^Vr I0t 3i*M« \ Ite ■•WrttUf •i»t »/ k%^ %«tof «l Is ftr«A% l»i%«la «i4 ««v%li«« If tlMt «i« lit !•• S««l«a4 ---_aiaa!i^Wi''^^^-n-:fcafei^.": Jt ^ .. ....v.irj>/.T,->,i»a».»aitUAlfe-,^A..,-...»=^^ .iJ.-i.V-, iil^'"'iiiBi'iMfl i i '»*^''— <>AMiteiaiib \ ^ - i - Utm l—XaM txtm %ikt ^rwmmnt •! IMlm^ vUtv^a to 1& a^ t«X«sr«« IM t»«X«gXtfiS I h«T« tlM h«a«r to b«, 8ijr» Towr •)>«4i«&t ••rvttut. liigf Atlicrtoa N iia«l««ir««t 4« Bt^U •^ Hit m4««tj*t Oiir«rMMBt la tlit Co n — iwu altli •f AiatvalU, ««Ui ^ly !•• 19M« Ktply •! lit ^jctV** 0«v«nuMBt BmU Afiri««, 4ftt«« /«17 !•• ItM la th« Uaioa of i« Bo3# of tko Oovotaaoat of ri)41«, tetoi Jvlj li, 19»» 1 ■^^~^-^"-- ^" jBT '*'- "- - ~ ""' I ^?ii I ^ ^ KJiKKIOI 07yiC8 July 10, 1928. 3lr, uy ■tudyine ^^* no^o whloh you loft irlUi m» on th« 23r& Jui|»« traniialttlng %h9 r«Tl»o« t«xt of the draft of tht pro- posed tromty for the ronunolatlon of vmr, M» Htljo»ty'» OoTtruBMut in Great Britain &ooept tb* propoaod treaty in the fern tranauitted by yoxx and will be glad to alga it at saeh tine and plaoe aa siay be indleated for the parpeee by the Ck>T«minent of the United States* 44y OoTerxuaent have read with interest the explanations seatalned in yoar note aa to the meaning of the draft treaty, and alas the oensenta whieh it eontaine upon the eensidaratiens adraaoea by other Powers in the prerious — I dlpleaatie eerrespondenee* Yea will raMeaber that in my prerious ooaHunioation ef the 19th May X ex|>lained how important it was to my QoTeriSMmt that the prinolple should be reoognised that if ene ef the parties to this proposed treaty resorted to war in rlslatien of its terns, the other parties should be relsaae^ aatomatieally fjron their obligations towards that party under the treaty. I also pointed out that re«pe«t fior the obligations arising out of the Corenant ef th» Jisagne ef nations and of the Looamo treaties the finatatlen of the poliey of the Oomsmaent of this itvy, and that they sould not agree to any new treaty ilUek staid weaken or undemiBe theae engagements* The atipalatien new inserted in the preamble under whieh any signatevy Power hereafter aeeking to prcnote its natieaal iataresta by resort to war againet another gllpiMlejry la to be denied the benefits furnished by the Bay Atlmrt9m» ls«», 9%^* 9 #%••» et« treaty/ iriiiMiriiaMitfk^. V. '.. - .. i - t - ^>.- s tr«Aty l« satlsfaotory to my Oovtmmont, ana Is ;iuri*loi«nt Ui »••% the first point a«ntlone'» l?i xhm ;roc©diii|' paragraph. jilii .laJ#Bty»o Oof^mmcnt in Great ?.rlt»in dw nat eonslder, after raatcre refleotlon, tbit tJ a fulfll-nont of the obligations whioh they i;avo vuiflortfilen In iTo Covenaat of the League of Wationn and in the lYeaty cf JiOoarno is presludert by their tKJcei tauce ci Iht? irojoee* treatj* xh»y oonour In the rio^^ em; .ciated by the German norern- Qisat in their note of the 27th April that thoae obllg&lionc do not eontalA anything whiuh coulrt conn lot with the treaty propose*^ by \hv Iniuwa t^tates r,ovornr3ent. Jy dovoriinont havo aote^ with peculiar u/Atii,^.' action thaj^^all the i>artlet: to the I«doarno Treaty arc noi invited to beoome original aignatories of ths new treaty, ar«d that it is olearly ths wish of tixe United States \70Terniikent that all amwh**ru of the } eagas should bcooine parties either by signature or aooGauiOQ. In order that ae utany States as^poysibls r.iay ^.axticipate in the new moTeraont, I trust that a f^enerul invitation will be eictended to them to do so* AM regards the passage In my note of the 19th Aay relatinir to osrtain re^lont) of whioh the welfare and integrity oon- otitute u epeolal and yital interest for oor peaoc and safety, I nOo^ only rei eat that His Majesty's CoTernmont in Treat Britain aooept the now treaty npon the understanding that it does not prejudice their free^oai of motion in tUs rospeot. Z uci en^irel)' in uooord with tJio vievfe exi^reiiee^ by • ^ollogf in hio apoeoh of tlio «iOth April that the proposed troaty does not reatriot or impair in any way solf'dofenso/ -'- . s • 4 ••lf-A«f«ii««, m» also with his opinion thut •Aoh Stftt* nl0n« le oo?npet«n% to deolAe when olrounBtjioot noooBsitat* r«ooar8« to war for that porpooe* In the light of tho fore^irolng orplanatlona. His liAJ08ty*8 (^OTornnent in Qraat Britain are frlafl to join with th« tjnitod 3tat«a ana with all other rrOTernmente Bimilorly disposod in ol fining a AeflnitiYe troat^ for th« ronunaiation of war in tho form transmittal in jcur note of tha 22SrA JiuM* Thay rajoica to be aaaooiated with the noTernMent of the United states of Amerloa and tlie other pftrtiea to the propoeed treaty In a further and signal adTmae in the outlawry of war* I hare the honour to be, with hif^ ooneideratlon, '3ir , Your obedient serrant. AtST^V CHAUBBBLAII > i l1-— ■•^ 1 4TM/1/M fOESiei OlflCBt S. f. !• 18th JiO/t 19£e* •tot ..^ Xa tli# ft«t« «lii«)i yon ««y« 10 good ma to addiroM to »• .A... on JWM tl»4 last jo« ototoA that tho OoTorwioiit of tho Ikdtoi atatoo «o«14 bo glad to U inforaod « both or Kis Il^iooty'o OovoiBMOBt in tho Coasoimoalth of Auatxalla voro viUiag to JolB with tho UnitoA Statoo and othor olailarljr tiayogad Oofaraaoxito la aigsiag a dofinltlTo troaty for tho _ voaaaolatioA of aajr la tho fora of tho draft troaty onoloood ia yoay aoto* t, X Bov hog loaro to iafora yoo that Ulo !Joj«oty*o gOToiaaoat ia tho CooaMavoalth of Anotralla haro glTon tho ■oat oavafol oonoidoratioa to yoov aoto ahoTo^nMiitioiiid and to tho voTiood draft troat/ ahloh aoooajiaBifA it, and that thay aaooyt tho aaaaranoo giroa bj tho uaitod statoo soorctaxx •f itato that tha right of aolf-dofoaoo of a oignatory 3tata aiU aat te iayairod ia aar way ^ aoooptaaoo of tho pspoaod tfoaty K Iho Ooaaoaaoalth OtToraaaat haro fvrthor oteorrod that it ia atatad ia jom aato of Jaao 2Srd that tho proaahlo to tho roTlaad tioaty aooorda ai^paoaa rooognition to tho pxinoipla that if oaa aigaatorj gtato rooorta to aar ia Tiolatloa of tha taoaVt ^^ othor aigaatoorjr statoa aiU bo roloaaod froa tiiai' abligatioaa widar tho troaty to that stato. fhaj aaaayt thia daolaratioa that tho proaablo in thia roapoot ia ^/ Kaj ithavtoa* laf* » M M •v • f - 4« fhiif lMiT« als^ pMTti ««l«rl3r •xanlBcA th« Araft %rMk^ it*B th« 9#iat tf ▼1«« ef its rtXctlOBchip to tko cortiMut of Um IiO«c«« of BstlMit, aB< in this oonnmion hoTo oono to tlit tOMftlvaion that it it not inooBsivtont with tho Ifttt«y iastrvatat* •• lit il&jottj*! OoTtriuMnt in tho Coiwonvoalth of ivatvtlia «Ad that tho fiorogeing aro t)io only qnoatioas t« width tht 9Vopoto4 trttt/ giTtt rito in thioh thtjr trt tt9t«iAllj intorotttA. At tho ttsl of th« troa^ vhith htt ■o« htta tvhBd^ttoA it oopplotoly tttiafaotoxjr to thta to far At thoto tpoaifio poiatt are donoornad, thajr will ho ftitt tfvooahla te tigainfr it in itt pyottnt forou I hoTo tho honour to ho, tith high oonaiAoratlon, Sir, Totir ohoAUnt dorTant» (lilpiOt ) AOBTi^i; c&a:.3j:.laii \ rrfinf t '\t r ^btfi^MAAi^BikatfiuattAiMMai >i 18th JI1I7, 1980* Siy« Zn the not« whi«li 7mth Af^riea aar« wlllli^ to joia «itl> the UaltoA stavoa aat othav alBllaily tlopeaad (HrfTwmtmtB im alcnin^' a d«fliiltiv« tr««tjr for tbt vtutiaolatiaB of wut la « tha fern of tht draft troaty tnaloaad in yont aotv* i* I aeir btg losra ta IziforQ you that thu fallaaiaf a ■aaaa^a iMs ^aoa roaoifoi "ky toloi;xi^^h f^oa (^nttrt/l Hartiaf , ttaiatav of Sztaraal dffaixt af tha Union of Govth Afrioa. fitv to yoBf "021 ^aluilf of Hit mja^ty'a OOTOfiuMnt la tiia Ijniaa **af Sovt^ Afarlaa I itara tha hoaoar to lafora jo'u that ay "daraflUMBt haT^ glTas tbair aoat carXoaa •onaidtxatioa ta *tka aav draft traaty far tha yinaaaiiiiaia of war, tubaittad *ia yoar aato of tfxA Jaao» aad tt> thfe otoaaxrati ona aaaaa- *9aayia« it* "M]r OoToraaoat aot# with fr« ,\ TELEGRAM RECEIVED WE ^' EG Thipv^itipf^^ram must be ^. ^^>pl<5'6eLy paraphrased be- ^^' " fere being conimunicated to anyone. Secretary of State WaBhington From LONDON Dated January 25, 1929 RTBCK^T'Bir'' Heed. 2.15 3»i»., |y,«> w ...i. .. p ii.ii. , . uufm,, ^, .» ^ t^ •awn-! /v DEPART vc NT or ^TUF ak^UftN 25 1929 "V • '^ V ulViSiUN or mm% EUROPEAN AFFAIRS 22. January 25, 5 p.m. PZRSCKAL FOR THE SECRSTAnY. Yourl9, January 24, 1 p.m. ChaL^berlain has twice assured me that he Wcis leady to procee<^ with ratification since no parlianientary action on treaty is required. Learned this ;norni:i[, from confidential source however that sonie a*oDrehension ^vas felt here re^^ardin^;^ posoitle delay in South African latif ication, I therefore took occasion to call on the Hi^h Conimissioner and explained to him your desire r that the ratification be not delayed. The Hija Cor.imissioner reolied that the South African ^arlia^icnt r;iet today and that he hoped General Kertzog would hXing the L;atter before it in his opening addres8\ If not the Hi^h Commissioner will at once cable and urge immediate ratification. CO m Am going to Birmingham tomorrow to soeo^k at ^ IS will 'cherTo dinner with Chauiiberlain at his request and a^ain eraphasize iiiiportance of proi^pt action rt January 25, 5 p.m. TSB HOUGHTON a wTwaaarr fBorrmc mrmm. mm J4S3M j^MttMkftMii^tttfliinKBii iMteM^^MMii ^- PREPARINQ OFFICE WILL INDICATE WHETHER CQllect W3 LONDON (ENGLAND). Your 24, January 29. Inform Department of precise nature of "South Africa's favorable action", and basis for your information. WE:PBG:VMA M ^ ^ '3'dI2NtfP < I ' / .'y ..^ Enciphered hy - Sent hy operator — -Af., ^ --> '^ * Index Bu.— No. 50. DIBTB .) H* ^ ^»^ ^ ^ f # rmnrrw* amcu 1 — IM r V Dated Februar.- 1, 1929 I YRtM-^ ^'^' FG This telegrai:. must b£._^.. closely paraphrased be- fore, being communicated to anyone, u^'i:y^<.l<\^:.^ Reed. -9 a^^ DEPABTWENT OF STATt ecr^tary of Sta^e \ Washington i^'uai^t^l /^n^g ^^9^^ \ -- ^ 1929 26. February 1, noon. o,?>ja^i^^^'^' M DIVISION i)r WESTERHBIROPEmFFAIRS Department's 23, January ol, 1 p.m. Confirming Dxevious conversation bv ^ fcruial note to me, dated January 30, High Commissioner for South Africa states: (Special Green) have been ins.rucced by '^ ry Prime kinister by cable to a^iojoach the British Government with a request that His ICajesty the ICinr; n.ay be moved to ratify the treaty for the renunciati of war on behalf of the Union of South Africa." on HOUGHTON y V.SB t n 4 • CO m CO CO ro CO O a M mrrrv mnm mm l^&UA > 4 WW I W^^p»(PB f H. wt /(tj*-»v^ «a««KH«i«R Or'.T^'ON OF r I >^ AKD priorocoL vi^x DEPARTWlMO- SIAT£ /F A \ 5 ier of Febr^uary 4th, may I ram IIo. 22, Jannary 25, iton reports his tinderstand- roe of the apprehension exist- \ ratifioation of the Peaoe ulingly, he made a personal (igh CommiBsioner and i^^as t, Smit of General Hertzog's, t 4 I Parliament Vt/oiild ratify at an early date, and subeeq.uently , in a formal note to Mr* Houghton, dated January 30th, ISx . Smlt states further that he had "been instructed to approach the British Government relating to the ratifioation of the % * Treaty* How formal this note is, I can only tell you r by enclosing a copy* With the exception of this note, I know, at the moment, of no correspondence between the Bmbassy and the High CommiBSioners beyond the amenities of Prentiss Gilbert, Esq., Department of State, V/ashington, D. C. / ■^- *. CM ^1 \ A^ **i HBBriM Department of State Division of Western European Affairs MB D\stA-rHfi I » Jo *N OF l^ h /^ fc^^ ^ 0» ^ A ^C<:t^ ►^ '^ j:^Hi L'ZPARTMfNT Or SfATE |er of Febri^ary 4th^ may I gram IIo* 22, January 25, ton reports his •anderstand- oe of the aT)T)rehension exist- ratif iaatiori of the Peace X ding-ly, he made a personal gh CoramiBsioner and ?i;as . Srait of General Kertzog's Parliament v/culd ratify at an early date, and siJtseqi^ently , in a formal note to Mr. Kotighton, dated January 20th, LQr. Smit states further that he had been instrT;Gted to approaoh the British Government relating to the ratification of the Treaty* Hov; formal this note is, I can only tell you by enclosing a copy* With the exception of this note, I know, at the moment, of no correspondence between the « Bmbassy and the High CommieeionerB beyond the amenities of Prentiss Gilbert, Esq., Department of State, Washington, D. C, CI CM q q N OF A-PBS^ t3P GAM ERICA AI.D PfiOrOCOL \ V'^^m Dear Gilbert: L-rPARTMENT Or SI ATE l-B J- In answ>iriu»4^iP3J»<^ letter of Febri:iary'v4th, may I refer to the ^rfSassy'e telegram IIo* 22, January 25, TAtiBJivBSD 5 p* m., in which Vjc . Houghton reports his tinderstand- 00 \929^^S from a oonfldential aoiaroe of the apprehension exist- L Dept. ot Sl»« ing as to possible delay in ratif iGation of the Peace Pact by Sonth Africa. Accordingly, he made a personal call on the South African >iigh Commissioner and was informed at that time by :.lr* Smit of General Kertzog's hope that the South African Parliament v;oiild ratify at an early date, and s'ubseqrently , in a formal note to Mr. Ho'ughton, dated January 2Uth, Lfir. Smit states further that he had been instructed to approach the British Government delating to the ratification of the Treaty^ How formal this note is, I can only tell you by enclosing a copy* With the exception of this note, I know, at the moment, of no correspondence between the Embassy and the High Commissioners beyond the amenities of Prentiss Gilbert, Esq., Department of State, V/ashington, D. C. 1 1 >i ^ 2 p ^ B \) (0 a ^ Ik N. V / - 2 — of Booial life and oaciasional requests for diplomatio visas for Dominion offioiale and/or missions. We do, of oourse, visit the Dominion officers, and they us* Only recently I had a discussion with the Cjanadian » High Corruniasioner on apples. In this Gonneotion I am enolosinc copies of letters exchanged between Belin and Warner of the Foreign Office, more or less pertaining to your inquiry* Belin wrote the letter to Warner at the request of the Legation at Ottawa, which expected that the question of precedence might be raised there. As regards communications between this Embassy, or other lAissions in London, and Dominion Commissionere in London, Warner told Belin that of course there could be no objection to the direct exchange of informal com- munioations, but that he supposed formal communications should go through the Foreign Office, although he felt that no such occasion was likely to arise. Prom inquiry of several Colleagues at the Levee this morning, they informed me that they either had little or no communication with the Dominion officers or else corresDondence of an informal character. incerely Enclosures : South African High Commissioner to Mr. Houghton, January 30, 1^29. Mr. Belin to Ax. Warner, November 5, 1928. Mr. Warner to I/jr. iielin, February 26, 1929. ■■■■■■■■■■■■■■1 '^"'^'^'^w^mi'mmfimitiifmiim^^ \mw' { HIGH COimiSSIOIJiiit UK 1 01-; OF SOUTH AFRICA. South AfTJoa Hoi:b«, Trafalgar Square, Lonf^on, W. C. 2 ? 29th Jan-unry, 1^2^ Your Bxcellenoy, ' I have the hononr to inform Your Sxcellency that General Hertzog, the Prime lilniBter of the Union of South Africa has directed rae to state in reply to the representations Your Kxaellenoy was good enough- to ^ake on the subject of the ratification of the Treaty for the denunciation of 'Var , that he hopes that Parlia.nent will be in a position to ratify the Treaty within the next week, I have the honour to be. Sir, r Your obedient servart, (SicnedJ J. S. SMIT. Ki^h Conmissioner. Hie Exoelle^icy The American Ambaesaior, 4 Grosvenor Gardens, S. W. •». y ■ t rtba^^ ^^^^M^^^Mi^AHMil^i^ MMfaMaMBMI \ HIGH COilMlSSlOUBR UiaON OP SOUTH AFiaCA South Africa Hov8€ , Trafalgar Squar* , London, W, C, 8 50th January, 19£9, Yonr Kxoellency, With refe.enoe to ray .letter of the £9th Instant I now have the hono-wr to inform you that I have been inatruoted by my Prime Minister b, cable dated the 30th instant, to approach the British Government with the req-uest that Kis liajesty the iling may be moved to ratify the Treaty for the denunciation of War on behalf of the Union of South -.-ifrioa^ I have the honour to be, Sir, '*' Your obedient servant. (Signedj J. S* SUIT. High ^Commissioner • His iixoellency The Anerioan Arabaseador, 4 GroFvenor Gardens, Se %• ■ ■#>ii»»i»*'*WjH X COPY London, November 5, 1928 • Dear Mr* Warner: One of my colleagues who ie in the American legation at Ottav/a has written to me askinf for in- formation regarding tlie new British High Commissioner in Canada. As I oin unable to supply this ififormation , I wonder if you v/ould be so good, as to give me the facts, 80 tliat I can answer hie inc^uiry? He desires to m know: 1) Upon tlie arrival of a nev; Canadian high Com- missioner in London, would he call on Misetons where the Chief of Mission v/as a Cliargd d 'Affaires ad interim? 2} In individv^al precer'ence, how does t J e Brigish High Conimissioner rani^ with a Gliargd d^Aff aires ad in- terim of another country? 3j Wliat is the relative rank of a Pirot Secretary of the Britiah Higli Commission ar*d a First Secretary of a Legation at London where tlie Secretary of the Legation arrived after the Secretary of equal rank of the High CoramiBsion? 1/ 0. R. Warner, Bec^ulre, Th« Foreign Office, S.W.I. i 4 mm ifeaiia&^ikibittMik - E - ' 5 I am sure aleo that my colleague would be glafl to have a etatemont as t6 the rani- which is enjoyea by Does he the Canadian High Commiaaioner in London. haTB the rank of an AmbaBBador, Minister, or llinieter Reaident? Sincerely yours. T?.L.BFihIK I J J COPT POB^^ipir 0?iaCE. S.iV.l. ii5th ^^obriary, 3 9E9. No. T 562/f)6£/373. / My dour Bel in » Wjth roferonoe to our convcrBation on p^obruary EOth about your lottei' of the 5th November last on certain (iueationa of I'Tecje-^eiico, tlie beet answers v/hich I can give on the various points raiao*' are as follo?/8:- (1) The I{i(;h Oonmlsolcncrs of HIb Majesty's Dominions in Lcnc^on are not nembers of the Diplomatic Body anfl no rules have boen laic^. down v/ith regard to their calling on foreipn Missions* « (li) For the sane reason there is no relative preoor^Gnce botweon a Dominion Hifh Commissioner and a Cliargd d 'Affaires. ([5) /i?hou/;h members of tie foreign service are attaciied to Kis !tHJest7's I ifh Commission at Ottawa, they are, not attacliei in a fliplomatic capacity, and foreign diplomats tl.erefore take j recedonce over them. (4) ?}ie Canadian Hifh Commisdioner in Lonrlon has no diplomatic rank. I must send many apologies for not l.avinp answered your letter before !• L« Belin, Esquire. Yours sincerely, (Signed) G.R. WARNER V <» itL TELEGRAM RECEIVED. •1— Wft indlx bureau "" Dept ot State "^ Secretary of State i ^ ot^r i 22,1919. Reed , 9*.4i>4wu^ -"^-n^- _ l. - _ U\ h.^' ■' v; Washington, D.C. 2715, June 22,5pm, Our 2649^ June 19',4pm. During Liberian negotia '"*^ ticns British raised question of article six of the United States treaty of 1833^with (?) and referred to some incon- veniences it iiad created in Zanzibar. Foreign Office de- livered today a merrorandum stating that in 1913 a tax was — ' I imposed on rental values in Zanzibar to defray cost of • cleaning and lighting streets. In 1914 Unit'ed States clai^Tied that Amei^icans were exemi^t^ed from this tax by ^ above treaty, and other governments claimed like immunity for their nationals by reason of most favored nation clause. British did not concede legality of American claim, but before it was tested in the courts war broke out and the matter was dropped. According to memorandum there were in • 1913ciily two United States commercial houses in Zanzibar employing altogether foUr United States citizens* Memorandum therefore argues that the matter is of small practical importance to American interests and ••as the United States Government have called attention to the inconvenience caueed by triple control in Liberia His a \ A \ -^' r^- e ~, , -t .'1^ ." " r» I ^i^^tii— I II »»*_».....»>»--•< ,f '^, ■ -^i^^*i'mmmmffm „ j.-rJRjv-Si*l-£:535£ .y.,-,.!vf''^- ■ » 1 TEIiEGRAM RECEIVED. E.; cf ELL •I— W* #2 Paris 2715 F/?bM * # His Majeity's Government feel that they may properly iT* ask the United States Government to agree to the cancel- ation of article six of the treaty of 1835 which Imposed . on the government of Zanzibar a form of servitude very detrimental to the maintenance of order and sanlitation in the sultanate." AMERICAN MISSIOM JOW r' J Jt y L. ■ V* A^ 3^mmmmmmm i^Si^lte^^ rikMM^aii ^^^tf^ ■y NOTE S£Ji 840v. 111/1 & 2 for deapatchos from Mombasa fr46,Jan.£:5,li>17 Sc #106 Oot.30»1917 re Zanilbar Govt.Dooree In apparent conflict with Art. 2 of Treaty of 1833, and rnstriotlons on certain ex- ports from Zanzibar belonging to an An, firm. dt / •r i •J ._a tk-- *~^ fe v»f '-k- .- J ■- V* U-4 f • V-VJVV. ». ' > NO^E SliK 848v. 512/1 for despatch from Zanzibar H0,Apr*2e,1914 re Treaty of 1833 between U#w# A ilanzlbar^Aslcs if article 6 of- la In for oe • Consul a(te re- fused to paj'' tax when request- ed. dt ^ 1! 1 I I -w ^^^ /^ />■ ' COPY (13006) *■ *-_, f/ ■« x"*'itpV British Delegation, pari s • 21st June, 1919. / <*»•»■ Dear Mr* Beer, You will remember that Mr« Sperling and I recently ment idled to you the questiati of the Treaty between the Uliited States and ITusoat of the 21 st Sept mber 1833 and promised to send you an official memorandum as to the effect of certain, provisions in the Treaty (xi the position in Zanzibar* I now enclose a copy of the memorandum which has been received from the Foreign Offica on the subject and sincerely trust that you will be able to assit in the solution of the difficulty* Tours very tiruly, (signed) H# J* Kead* Q* L* Beer, Esq*, Etc, Etc;, Etc M \ip i-R-'Tr^-l .. .. - ."V^. ^.VBm •»- ■ J .\.., ,,, \i ^ ■• '■ <• -»' * Ti •t •• • "v*^ •T^'T T bULIRITOfi'S OrFlCe 1 A"G '^ vm 3>0 no. 560 '/-^v-^ Sir: •^^'P' /.s'V^ ry \^ 6f^ j^ BHITISH EflBAS'oY, WASHIlHiTON. July 29, 1919 I ara instructod by His l.!ajesty's oecrotary ox State for -i''oreign Affairs to approach you with regard to the Treaty relations between the United otatos ani the British Protectorate or Zanzibar* These, as you are aware, are governed by the Treaty of 1833 concliidod by the United States with Muscat of which Zanzibar then was a dependency, modified in 1886, 1902 and 1905^ and thoiirh its terms were at that time suitable for d':;alings with a small oriental i\ state, they can be of a nature to cause serious inconven- '^ ience to a civilized administration such as is now 'to be found in the Protectorate. I have the honour especially to drav/ attention to -:irticle Six of the Treaty, in virtue of which citizens 0> of the United States are exempt from the payment of any \ tax or imposition other than general duties on imports* o Under this article the United States Consul in 1914 clai^aed CO .- immunity for United States citizens from, paying IIunicii)ai '^ (£> rates. There' were only four such citizens in Zanzibar but the Consuls of other Powers having most favoured nation treatment with the Protectorate claimed the same immunity for their nationals with the result that the Administration The Honourable was V V - ■ M ^ Robert Lansing, Secretary of State, Washington^ D.^C* l^-f ■ ^ ^- ' ^ -'V < J -w ^ .V. «■ > * • ' . > • ,« I k ^.irx • N t^^ ^ and Sanitation* As thife privlle,5e in favour of United States Gitisons result y in impedine: the execution of measures designed in the interest of the v/hole cominunity, I venture to exiDress the hope that the United States Government mil agree to negotiate the cancellation of Article Six of the Treaty. I have the honour to be v/ith the hifrhest consideration. Sir, your most obedient, humble servant , ' T\ 0^ Jk.^ iak*t*^MkM««^htfMiihiaiilMiii \ . /. . I J^ iiSi 69r^ ;3r. Ch^rf?© *•; fwi - •«! ilUy \.l>, i. i rj. , i n i. ,- > r« th u1kc«rio« of i'r. ihllllpe. T hr f to ^ feC- nmwfl vr;rnf«!nt. uad ;.aaalbur, and to Inform ^ou tht^t thlc nntf. r v^nc bought to tfc :io|>tHr%r»nt»f: atttntlon bj^ the Araorican Mlnelon nt ;iixli» in a tolefrm-^ ^ftt«d Jon*, f!y. 1919. ;^^ , ^rart Kmt ^•rll'»* to th«t ««l«frftn by »i t ttitf.'> «i to th effect that t » y«r«rv«tlon n.do b^- tV a>xIou« Coattui at wi*.bar ^ ^ \ In 1V14 %ix.h roofcot to tn« pa^ )ent of t •« by A-i rluan oitlrons In ..a;iail>ur »m uniiiat oris* b;^^ thl; 'OTfin«ent, Tho Honor nblo itoni.lA C. Llnflrft^ Ch#rf« *• vffaiTor m— WWII. 1^)11 I .1, HI Miypiiiymwir^—r ct:t»— ■»-- -na - ■•»- ^ i' V f t foy«a ttotft In rcrly tc jo«sr £«• ftO of July n9^ I.9X9, 1» b«inir ^Mill«'< to yo« iiiKi«r » ft^parat* ooir«r* I Afi, iy (!••» Mr* Linaeag^^ V^«r^' elAOftroly yo«re. »• ni«46 7 «A !• U < OiiitirvBi* --*^ (V ,^,^. r • S / 1 «k Ho. Aufc'UiJ ill, : t H . Sir: I liaTO th«* honOT^ to OKifiovlfd^r tho r cflvt of yooT not-e, Mo. ftfeO, of July £9, 1919, ro^ aortlnf tHo eom««.':t of this Govoriifn^t.it tfO the uoro, ation of Article 6 of th ' r^at., of Aiit^ fmd Commerce oonoladei between the United tnteu and ^'uiLoat on Bept«8^«r ?.l, 183:'>, w^jlch /as aooerted b^ the ?ulton of i^.finfibar aftry iho cefa^ation of th/it state frra Haroat* Vou *)tate that under th« rrovirionp of V 4rtlolo 6, h^ v^hloj citiacnL of the I;rilted .tatoo ere oaempt fro« the v.a^^^nt of unjf tax or irsfoeition otH« r than g' n- ral izmcovt duti n, th« Unitr ^ • tatac ConMil, In 1914^ ol&imo - l"wiunlty for cHiZ'^n: of the IJnitei :'t4&toB rom pa^inf^ rntinioipiil rat' 8j thut the Com tile of other Povere having rsoi t favorou tiatlon Th« Hon or ablo iionnlA ";• LiniSr.a^', ChtiTfO d^Affairee ad Inter, n of rrf at 3rltnin« ^ , ^-atfk^A Jk .. .• _ : ..>uA^U.k. ^ Arr - -i >.>.>. .Jf.{ .^ .^m^^. %^. tr«atir«i'-nt. ffith thu ProteotOTftte olatme thm rtyrm Inmanitif for the it nntlonalc, thuf? hi* jpcriiiij tho ^.d^lni tratioo In provldljv for th ^< yvlc»*? of li^htlnf and eanit4it on* In to ly^ T beg to in:''or'?i . ou Uirit In tlergriitg t»^e rifht of the U^a9LbfiT Gov rn vont to t»ji h ericua •Itiaaiic In 1914, th<. Arvrioan Con 1 aotei v ii on^ inetrttett on^ from tVlp roTOTfi-n^ni, and upon t' ooipt of a dappstch froci hita re. ortijv^ hie ti«tlon in the tniiitcr, the epartn-^nt. invtr act* d hln thst It did not clft^m 9XB!3ftlon for kimtictui oitLr.eo« fr .m t'jo p«. Oi^t f ; TOfiilm aii<' roftt'cnablo t»iJi upon r«al ortut.* v '^ioh ilfht b« paid all e by o 1 11 Bone and forolfmra, md which va© not ditorliiinati\ro i^elni t A:.> riocn citlKonr, tn the light of tho forofcoiOi , It would ooom un» ..-•^ . .-'-' •, *••• -i* *^"« mcerrary to car.c«l rtlclii 6 of tho ♦ibcve*^>ontlon d r i^^t/ Treaty In order to meet the wishes of your Government* ■,»-k '-*"'• •'••• •i.ooept, -It, th< rouoved oeFiuranorir of m. hi^h con- eideration* 4< V^ o.h 8 t^atflt •MMMMMMM -^' « i^ I ■! ■H I I I «i n ^i I " ■1»«'T'»»p re at ■A IS 19 7: 1 r -, r*^.^ \''\ * of his first is any ote ip •mission - louid be given 03 a'^^ri^^-■ 'Y \>- ■l mT to your note of t'qe \ M g out the airobi ght be his Note arg* was Consul at uid not be iony as to ts at least. agrard to Article ; X i ind nav6 now been m-f^^ .^States and Liu so at duly forwarded a the occasion arise, c;.ve any objection to L i t ,r Courts as evidence of the United 'States ;o enquire wr.ether, in 4^- -- ID this su,^^F:est ion, the 4111^5 'to instruct the ■ evidence to the effect i0^^;f&^,.'^'^MJt^»< » fc*^* - Stated in the note, if called upon I iiave the honour to be < > ■ 1 With the highest consideration, Sir, your r.ost obedient, hur.b 1 e s e r V a n t , The Ilonourable V ^ /^V' *•' > - .' y »t. ^ ^ \ Williar. Phillips, / Acting Saoratary of Stata of t'aa United States, 7/ashington, D.C. .*!.. I *% I. RTMENT OF STATE HCH-.AKD OFFICE OF rfTE ^HE DtRECTOR OF THE CONSULAR \ October 4^ Dear Mr* Hengatler: SERVICE 1919. f 3 ' f iLiliilOH'S in'-, r ■ • hfl .""1 ' ' '^ •» / ■ -■''■■' ; - 1 1 9 r»rF(|r '■•♦■. tfr ,,f «^^, ^ ■ ^ct ty%:. ' ^J^ i x f I T^ 19. BRITISH SI,1BASSY, 'JASHIN iJoB This is all wrong for we hare no Consul at ?^anzlbar« Wher^ are the Zanzibar archive I pretwwi at^Jl»irQM% If so. e smoassy ought to be told that and soins suggestion be > made as to how the Consul could testify in Zanzibar, pointing out the difficulty of personal attendance. (It is possible they may find it feasible to utilize a deposition.) SOLICITOR'S OFFICE On'T 6 1919 ves are at 1 harg* of swer his first ere is any ur Note in |f permission it should be given 27' ^ «, \ n». " f- I W • J • . inting out the at Nairobi it rright be that this Note ^*jLj.^r August 1?, 191P, to the Charg* was •^^^^^^^^CwiTittep in Virashington and the Consul at ,^^^;^J^anzibar not having a copy would not be ^Lu»->^^in a position to offer testimony as to /y.'Ht-^^/the Note itself or its contents at least. Ir to your notjs oi tr^a (i rag:ara to Article '; I States and Lluscat • i » il duly forwarded a \ > land have nov/ bean \r\-\ the oocasion arise, 1 have any ob.ieotion to "" r Courts as evidence of •;" •i y i^he United !^tatas enquire wriether, in to this suggestion, the illin--^ to instruct the evidence to the effect stated in the note, if called upon. I iiava the honour to be I • .71 th the hi^rhest consiaerauion, Sir, your rr.ost obedient, hur.ble servant, The Konouranle c- \ ^"\ V Williarr. Phillips, / Acting Secretary of State of the United States, lashin^ton, D.C. ■^ ;•*.<« HCH.AniD / DEPARTMENT OF STATE CONSULAR BUREAU *c-i - c f^' J'JLiCilTllr.S (;, ►, r •• • ( ; --I r*Vp^V - M. tg r .,f r.,- , - 4, October 4, 1919 ^B HIT I Si SI.ffiASSY, '.VASHIN ■ ^ t f 27 • bo: SOLICITOR'S OFFICE I OCT 6 1919- T The ZHnz.ibttr archives are at i-resont at Nairobi. This Note to the Charg* of Great britain does not answer his first question as to whether there is any objection to the use of our Note in the Zanzibar Courts. If permission is to be given for that it shouid be given by us. In addition to pointing out the j/^ aifficuity of the Consul at Nairobi frfr^estifyingin Zanzibar, it rright be ScjT'weil to point out also that this Note ^>y-c2j^f August 1?, 1919, to the Charg* was "^y^p^^^^^^written in V»ashington and the Consul at .J^^T^i^anzibar not having a copy would not be \J^JiZln a position to offer testimony as to A-Ji^Y^Uthe Note itself or its contents at least. Q^K obc V to your note of trje . . r9g:ard to Article \ I States and Lluscat ' )I duly forwarded a I ind have no7/ been m-^ the occasion arise, . ^ L • - .ave any ooiection to n ourts as evidence of J?: '. i the United "States e nqui re whe the r , in this suf>:,5"e3t ion, the llin^ to instruct the evidence to the effect M 1 \ Stated in the note, if called upon. I "nave the honour to be with the highest consideration, Sir, N your r.ost obedient. hur.b 1 e servant, The rionouranle V ^ •-'•> ' ^ William Phillips, / Acting Sacratar;; of State of tb'a United Su^tas, TJashington, D.C. M i«?..> Vj a. <^'4» «k^»rfHiMM^^^Il^iM.dK_ ^'^ A . jy i.jntKTZV... 4 A ,^^.»^J W*!»' '^V i * ■■* CL p o; t ■ 1 ^ *^HITISii Sr.IBASSY, '.7ASHI1J Am Office. lur to refa'r to your note of tija 2/5) v;ith regard to Article \ ..the United States and Lluscat \ / y ? ? ; I, ISS^i. I duly forwarded a ' ^ \ copy of this -jote to my GovernrLent and have no?/ beerf in^ structed to enquire whether, should the occasion arise, the United ^States Governrient would have any objection to the ut3e of this note in the Zanzibar Courts as evidence of the interpretation of the Treaty by the United States Government. I am also instructed to enquire whether, in IS the event of their being objection to this suggestion, the United States Government would be willing to instruct the American Consul at Zanzibar to give evidence to the effect stated in the note, if called upon. I iiave the honour to be with the highest consideration, Sir, your most obedient, The Konourable hum.ble se rvant , /^ N " William Phillips, / Acting Secretary of State of ti/e United States, ^ "^ashin^ton, D.C. Si ■ .— < . - » .4. _ JS. ./Jl.* ii-^ - . X ^* < . ■'■ . niiir^ •"•'if -■' <■>■- 1^0, 692 X r PL'RF^"^. bULlf!l(()H'8 fii- H':r ;7ASHIU ■••«• 27 ■ .A Sir: / I have the honour to refer to your nota of trja 12th ultimo (So 711.48 V. 2/5) v/ith regard to Article \ C t- t t ^- < ^^ * Y. ^^ VI of the Treaty between the United States and LIuscat \ y concluded on September ^, 1-^^. I d^uly forwarded a copy of this jote to my Governrr.ent and have now been in structed to enquire whether, should the occasion arise, the United states Government would have any objection to j the use of this note in the Zanzibar Courts as evidence of "* the interpretation of the Treaty by the United States ^^ Government. I am also instructed to enquire whether, in «£> the event of their being objection to this suggestion, the United States Government v/ould be willing to instruct the Ar.srican Consul at Zanzibar to give evidence to the effect stated in the note, if called upon. I iiave the honour to be with the highest consideration. Sir, your m:0St obedient, hum.ble servant, The Honourable r \^ ■ Ay^^'-"-"^ '■'i^ William Philli^^s, Acting Secretary of State of the United States, "Washington, D*C« / ^ ^ ^t^l ^ m M^i^ >; .i^P'Af. '. Af k_ > * 03lohcr 1< , 1»1^. '^d«ll(«07> i hftva tho honor to lioknowlodiTt the rMftlpt <>' wiik r*f« ran iOO to pravloua oorroaponaouo* oonoornlng rt1ol« ^ n of t:.9 iroot.7 botweonl^Ko imit«JL ::t»to« am Uuaoat, that your Jore tvior^t ^oilro- to lofim w' othoT, thoTad tho ocoa ion arUo, tho Ooto-ttaont of tho Unltod 3tot«t rrould havo fcny objootlon lo tho uao of the .^part^ont* « noto .•f .vui,m3t IX In tho 5.o»«lbi r Jouri uo ovi »onoo of tho InUrprotiitlon of th« TroRty b/ tho r^r«n»ont of tho Unltod 3tiito«« fho ^bafln:^ hoa oI.ii> Vojh Itsctruotod to la- ^J^ / Ilia .jc^olloiio/ the llla^^ Uon^rabxt Iho ftioomi^ 'Jyoy of ifcllodow, Appolntod ^Siibooottdor :>f iro<*t Brlt» In Ott Jpooi* 1 >lis«lJ9«tlen to the cae of the note of A^i^tiat 1£ in the rmnner tjni for ti e purpouo Inaioatod In the ovent thfit ooee.sloc thoref )r should erlae* 2hl« :>orem* itsent has no Joii ul ut licmslbay ut tho prooent time* Aoeej>t« .jMiollouoy, the r«nawa.i cvaeiu^.^ao of my hi heat sonallerbtlon* "■y K3 fn.4e r 2/f i> ( i> '^ AlVEY A. AOEE. OCT, 4l$n N *^ . *■ >» ^ ■ T '^ ■ i. . 1 bOl 101 1 OR '.s ?lffi.'!.~^v o in ^' ..T«' ' • : ' ; ''»,••»•• w ** ' ' - / i*- « I t • \ BRITISH mm ASSY, VfASHinaTOIl, Septgjnber 25, 1919. in/ C< i'l f.f i / Sir / /^i ^'WI / lAci^^' '6. 4 i I am instructod by my Oovei'mnent to revert once in.dra to the subject of the Revision of the AmGrioan Treaty"'of 1833 v/ith Zanzibar- In your note of August 12th you were .good 1 enough to infori.: me that as the United States Consul in the oase of Article 6 had acted ^vithout instructions and as the State Department did not claim exemption for citizens from the payment of regular and reasonable taxation, you did noli \ deem it necessary to cancel Article 6 in order to meet the wishes of His Llajesty^s Government. L- :x3 '5 The representation made in ray note of July £9th was ca3 - not based on any desire of my Government to complain of the action by the American Consul, but rather on the broad desire to modify a Treaty, completely out of date and of the unsuita- bility of which to modern requirements I quoted one instance only- That Treaty was concluded with an obscure Oriental Poten- tate and it was natural that its terms should include stringent stiiDulationa for the protection of American citizens from oppression. But I trust you will agree that Such stipulations are not necessary under the present administration, anc? that His Majesty's Gov-irnment are only reasonable in requesting to be relieved from them# In urging a reconsideration of the view you r^ave expressed in your nota under reply, I beg to support ^ the CD The Honourable William Phillips, Acting Secretary of State of the United States, ^Tashington, D , / « •' . . . '.A- /:* tj^lkLt lAA^^A>^n oitixene aad iBtaroate fM^ainat poeeiVle l2ia<^uitable troatment, i«^oald at the ease tin* Ibo aore favorablo to the 'assili^ar proteotor«to« CO In reply I ^a^ to state that v/ithout in any way imilttlii^ this GOTenutfint at t^ie preaeat tine to • reTltlos of the The HonoTRble Ronald '' . Lindsay, Chnrpe d' Affaires nd interim of Great Britain. f (,*! !ift^ i*«lr0 Tv« ttubaitt Accept, =^ir, the renewed assurances of my hifh consid eratj on, • iXU^ ift/(* For the Acting '"eeretury of 3tnte: ALVEYA,ADtfc 30/ 9kj H -" 7 Z / 4£Vrv, ^ OfC M4PI ^o?(r r- l.'V y f > ( • 2 » 1*:*^ t»b«ui biAly ^»kArc art ao ^>h«j ^v*tiicr ic */V&: sixty yia.rs cf -ics, c ' 1?; »,■• .1 ♦•••♦, o) Rftorvilta *ttsc until th« «,]:« or t^remty-f 1*« a»f 11 y« fro« tl>« r<»o«lptt- of u^.^O \'r»V«rty or iri-«lr jtrncnAl #«*x;~aA{;«i tuid that t .'^ ilr*fOt ^ t* ig*«»e»4 aj; n %;ia» lu aot 4rt. :!• A »f)lvtiiir cr riMio* «»*> t) rdli»V(!»d fro» ?*<}tiv« ocsrylcs b€fof« trio «»xplr»j.tl?vri of hx^ tiz«, un.ler * ••*• . t) If t^« Mlir*lot«r of W^ aa^S « in««» i-i\^ 'n f.e«jJo* rirlly a Odrt«kln nuwb^r cf 9cldl«rs, «ltb«»r whlj© eacAg^A in the 4:»rrr;t?anoii of thflx oOIl^;?ni.i cr i«.*M'^ ^holf t«r i;> h-.x cr.ft. tav^*!4» S\jcb «' Irw, Iio •'!««ir, ^hsvll t'« « uaioiit eA on WkO'ivc HHtniaa until tb» -5 v- 1 i .•..« t i ■. m ;•>? tiJt td;* of tasii' kSliv* cb it^i.ticr.. Art. 5S. Th« ibOtlV9 ••r>Io«) ;\'>'9t' -T.-i-jct In th<^ foIl««ln ofo^dJ4t f ft rj3n t «li X9q^e6t« ta poitpon* tbtlr *.atlir# **<»rviee until iiid a^^% of ♦. ^otity-thrtrt. If ptr» Ansntif or %%tt:orarily r^aldin^ io 2;>f0p« but not in n()i^htK)rin^ oouAtrl«i», or uotll ta* :ig« of titanty-s^tTi 1< p^rn- .^n^.ly .1 t» .rjrfl'y r"«liV«-i r?'^"l*lt' 9 rf t if tuf%i.fc net 40 Ail Otia&r p3XA:n«f of W^^r -ml Ik^rltio, :.. «»1 r o *ii»Xl^4 « 1 i 1 * ^jxr*" ""^ 1 Th^ » an» of ii'>ri» '*ft?Ati"n ^A Mi4 psfocfiii iim^rxc ^^ aiol>lllfAtion *n.*. ««r, ^^pii'^''! Lg UoifticA 31 iii& Prico V«ai6t^r cti f 9i i/i Aooor i*ti:iOO %lth » Art* 339* Th« sUlU.y t^kx s^.^il >>* l«9cat4 u| • • . .;») y%.Tiii?s ■sCjk^. r;:?r"»(:w^;7»T^'7r'^^' ^^'T'TT^'^ TT" ;'^fTO':^^ ' ~t^">f^f . '^■f^i^jyr P,'A r; •* ^ n i 1 C *w *> ,* >' > ii* \ '' s • Jaiiuar;^ 3 Is t , 1 1 29 . r -^ 192« y ^ v.,-'--' 2;' ji^YQ "the honour to inforn you that His 1 llajeaty's Groyernnerit have recently been concji lerin^. the question of revising, aubject to the consr^nt * x^ t: of the United States :k)vornrnont, articliS £^ 3 and 9 of the Treaty of 1833 between the United 1 -^ : < ; obsolete and no lonjer consonant with th-i proper Tx. ')\i litates and LiUscat, insofar as these articles are i adi-iinistration of Zanzibar as a British Protectorate^::^ on .modern lines. I have now received instructions from rlis Llajesty'a Actin^j Principal Secretary of 3tate for Toreijn Affairs to dravj your attention -T I to the previous correspondence betv'veen His Liijestya (jovorn.^ont and the United Jtates Joverm.ient on the '^'V*^ subject and to eni^uire whether I j:nay assujiie that ^ yojir 3-overn.nent are in principle prepared to fall in v^ith the wishes of^His I.Iajesty'a Grovernfient CO in rejard to the modifications of the articles {fl ! CO c[U3ation, as set forth in the conciudinj parajriWas of this note a 2* It will be reriembered that under the ternB of the loan :nade to Liberia in Vj16 Hia Ilajeaty'a GrOV'jjiminent / The Zonourable 5^ank B. Ilello^g, oecretary of State (/f^-^he United otatea, V/ashinjton» D^O. ^v^ / ^ \' >f 1 J ,T • r*; .V - * 4 •-• « V ■»■ ,■< ■. *, ■ ■ '• 'W .A- ^xMi '* > J»' A>' ^J!*Ai,'ML .4k: i 'iML'tM: I :ftjkJ ri-^ .* -^ r ■ i V. -^.V :.-^V\ ♦V- I ..•«l1 .-'A' (joverrment , the French and Gl-eri.ian {joveriiaenta sy all acq,uired Vne ri^-lit of noniinati^nj a Receiver of Liberian Customs: these three officers functioned under a Receiver General selected by the United states Grovernrnent . in 1918 Liberia < applied to the United States 'GrOvernrnent for a fur(^(pr loan, and as a preliminary to considering this request, the United otates Grovernment enquired Vi/hether Mis Uajesty's 'GrOvernr.ient Vi/ould consent to withdravj the British ?.eceAver, if tlie loan were made. ^ In a note of September 1919. to the United States Ambassador in London Lord Curzon ajreed to this, subject to certain stipulations which were considered necesjary to safe^-uard British interests in Liberia. The note cncluded:- '^In the course of discussions upori this question between the United States and British Peace Delegations at Parij, the latter intimated that this government ;;ou]d be glad if possible to effect with tlie United States a simultaneous setulement of certain questions reiatinj to the treaty rijhts of United States citizens at Zanzibar under the United Stal'lea-Lluacat Treaty of 1833 • "ilejotiationa to this end are now in progress at Washing-ton, and 1 have no reason to doubt but that they will be brought to an early and satisfactory conclubion. " 3# The history of the nejotiations in question at 'n'ashinjton is briefly as follows:- In a note of July 29th, IS^^. liis i.Iajesty's Charge d'Affairoa at V/aahinjton rei:/re3Qnted to the United 3tates ToYarnment Vrjit United States citizens vjere clairning ininninity from the paynent of . . municipal / \ «■ '•*' '^ .r"> - .f":, <. l--'. • V rf ^ J . f \ niTinicipal taxes under article YI of the Gonven1:ion of 1833, aiid , by s o doinj, vjere liainperin^- the mimicixmlity of Zanzibar In the lijhtinj and sanitation of the city. Ee enq^uired ^/vhethor the Uiiited States Groveriinent v;ould ajree to cancel article VI of the • treaty. To t]-iis t-ie united States C^ov^rnnent le lied on AujTist l£th, 1919, /that aa lon^^; ajo as 1914 they had • — --•••- ^ instruct^ed tlie Viiited states Gonsiil that they did not claim exemption for United States citizens from the payment of a "rejular and reasonable tax upon real estate", i'hey did not, therefore, rejard it as necessary to caiacel article YI* , /^T^^ 4. In a note dated September £5th, 191"j,/LIr* Lindsay on instructions from His Llajesty's Principal Secretary I, of State for ?orei,:n Affairs, informed the United States Jovernment 'that His Majesty's JoTernment v?ere desirous of securin;: the a::]endment of article £ of the l^reaty, so as to ^Ive the 3-overnment of Zanzibar a free hand to prohibit the importation of undesirable goods into the Protectorate, and also the abrojation of the personal immunity enjoyed ^^-^^ United States Consular Officers under article 9 of the Treaty and reaffirmed by article 2 of the Treaty of 1886 betv;een the United States and Zanzibar. I?b made it clear at the same time that the su^jjestion of Ilis a JQ sty's government was not xpo.\ forward on account of an^? ob'^action on "tlieir cart to t^.e past condiict of any United / ..^ United States Gonoiil, but was riiorel^ deaijned to reinove the scecial exeiiption vjhicj] was su^;;erf luou3 under the i:resent settled aduiiiii strat ior/. 5. In a note dated March i)Qpart.::ent replied that the;*; w^uld carefully conaider any proposals which his I^r^jesty's 3-ovGriu.ient mijht desire to Subait* V\ 6* "^2^^.^ projected United states loai. to Liberia, iiov;ever, neYe-r Liaterialised and no further progress vias x;ade at the tir.ie v;ith the abovanientioned proposals of His LLajest;,^'s 2!-overn:.ient in rejaru to the Ui'iited Stat js-LIuacat Treaty. ?• In 19£5 a United States coapany, the i^irestoric Rubber CorooratLon, ]Toposed to the Liberian rn..ie nt ^ • _ « ■* _ ^ ^^ ta redee.-:: Lib3ria*s outstandinj indebtedness ana niaiie a further loan to the j-overn.uent in retiirn for concessions for ^rovyinj rubber. One of tiie conditions of tills loan vjas that a nominee of the United States should be placed in sole control of Liberian Customs. V/hen these prox^.osals becar.^ Imovm to his Ilaiesty's j-overnaent, LIr. Chilton was instructed t^ inform the United States :^overnment that so lonj as liis .'.aiesty'a Government refrained from exercising' their rijht of (^ appointinj a British Receiver of Liberian Customs, they naturally expected that the conditions placed before the United States Ambassador in Lord Gurzon's note of the 13th September, 191t, ;i/ould be observed* 8* In the note which lie C'^nseguently addjre^ed to the State Depart. :ient on Ootober 7th, 1S£9» Mr. Ciiilton / ^ - 4- .?.v.*:."■-•-? .'>''- /. -■': \,\. • ^t^xi ikiJ \' i. « "L " ^ - *■ . ' I; *• P Ui'. Chilton drew attention to Lord Curzon'L: note defining t-ie ter^is on which His LLaJeat^^'s Jovernaent hud a(;reed to the withdrawal of the 3ritiah Ivacoiver. vrnile tr.U3 drawing ^^eneral attention to theije ter.-.s^ LIr . Chilton did n6t at the time thinh fit to rnahe aii^/ more definite reference to Zanzibar, the cojitiun being that, for the reasons above exv.lained, no definite arran^-e ..ent in r^-ard to iianzibar had ever OQQU reac'ned. 9# The proposals r.ade by the Firestone Company in 10 £5 were adox:ted oy Liberia at the end of 1S26. lO*' In '^nirsuance of the under stand in J reached between the two ^•overnr;.enta in l^^ll^ Eis LjQjesty's GrOvernment have refrained in the past from re-a^:pointing the British Receiver of Liborian Guatoms, ai"id they have no doubt, in the lijht of the above considerations ar.d of the corr 3S^;oridence v;hich toolc placo in li/lii and 1920, part '.cuicrly the litute-^^epart.-ient'a nole q± Ilarch,/^, 19£0, referred to in paragraph 4 above, that J- trie United States Government vrill in their tuiTi be disposed to ^"ive favourable consideration to proposals for the revision of treaty articles which, under modem conditions, conflict^ with the proper administration of the Protectorate of Zanzibar* 11, It vjould "be sufficient for the purposes of Eis Llajesty'a ;jOV6ri'i;.ient if the United States Government could see their way to undertake:- (a) That they will not inter rat article IX of the United otatea-Husc.at Treaty of 1833. nor article II of tue 'treaty of July 3rd, 186u, "between the -i» •.'>'. . » . " ♦«- vS --Xi/ui . » United / V- %.4 " f'ilt-^.-'' ■- -'l ijj4ljki»i_!!jikif':i>l:k4-i -J .■ c-_. 'JA#>. 1 . .^ .-*^^^' >; iv^oi.^' .! ^^'H .1 M ^ .u. / * •. >■ ^ #• 'Jt.T>:i i. v-, / United .states aiid Zanzibar (so far as tlio letter article '..\Qrei-j re-affir;na article IX of - the 1833 Treaty] as justifying united States Consular Officers in claiminj immunity In the 'Courts of Zanzibar, ^ (b) Tii^t they will not claim, in virtue of article II of the I'reaty, that United iitates citizens are free to im^jort into Zanzibar articles the importation of which is prohibited by the Protectorate Grovernment, alv;ays provided that such prohibition does not discriminate ajainat articles ;^roduced in the United iStatea. (c) That, in the event of the Government of Zanzibar findinj it desirable on grounds of public policy to fix prices ojf food or other ooinmoui ties, and always provided tiiat such price-fixinj measures do not involve discrimination against articles ^ produced in th_e United states, they will not regard as operative the clause in article II of the 1833 Treaty prohibiting t .e establialixnent by the 3ultan or his officers of any fixed price on articles to be * sold by merchants of the United states or on merchandise which the latter may wish to purchase^ 1£. In putting forward the first of the above re quests , I am once more to explain that this proposal on the part of Eifl Majesty's G-overnment is not made on accouiit of any objection to the conduct of any United States Consul in Zanzibar, ft but is :;:erely deaijned to re;.iove a apeoial exempt ion / >vy 1.- « , i^dteMMhi T'^-a. mm i.\^.-f k » .'• ,* ■A :\ \ ^g^mam^M « « / ^ \ V \ v* exemption which is superfluous under the present settled adr.iiniGtration of the Protectorate* - 13 • As rejards article 3 of the United dtates- Lluacat I'reaty^ I am to offer the follo\^in^' observations on tlie part of my Govern.aent and to req[ueat you to be so jood as to confirm to me on behalf of the United States Grovernment that tiie assumptions of His Ua;;e3ty's 'Government are correct. 14* Plis Uajesty's xovernmont Iiave idtherto rejarded thaiiiselves as at liberty to approve the increase by the Zanzibar Grovernment of ratej of import duty into the Protectorate, in accordance with the spirit of the convention of St. Ger..iain-en-Laye, the pur^^o se of which v;as to revise t/.e ro^tiictive ^:rovisions of the earlier 'Act of Berlin and Declaration of Brussels so as to enable sufficient revenues to be raised for tlie oroper administration of certain parts of Africa in accordance uith chanjed conditions and upon modern lines* The United States vjere not partios to the Act of Berlin nor, conseG[uently , to the -declaration of Brussels, nor were they parties to the convention of St. G-ermAin-en-Laye. Ilever- V theless His Llaje sty's ^0V3rnment assume that the United States C-ovcrnment do not, under preseftt circumstances, insist upon the limitation to a maximum of ten per cent ad valorem , in accordance with the terms of article 1 of the Convention of the .'*• •Tf-; M*»IVU^ LiX^Lj zAtr^^^:^ .-an^-iSMj* . -jl.Wfcl'a-*^ '. <^ / v2::^i*/truO ^^ X L^*^ % t n jXct/1^9-*^ __ u. 1L. iM-^ /(f /^. to Liberia. ^^l^rtft; 1929 ii^ V IRS 19, 1929 |bar, which inoludaa ths north and east of Tanganyika consular distri reotly oonoam e refers, eep their I revise the {Loit as ^. To be m naming a Loan but her right than Ifus- ision not ter of fact iuiesoed in esent sugg- on that and should whether visions of evisions light of ry con- 1|^r the separation negotia- 1 referencefied and oonf irmed iOther treaty ,ted in 1886; Uusoat, oh ard to the secured for our ^ CO of Muscat was CD ivi leges and 3, any rights. the consular C3 \^ represent Stives of the most larSfsd nation in the Sultanat^ of Zanzibar* In addition the United StatM has oonora^d three treaties with Great Britain, as protector of Zanzibar. These treaties, liiich bear the dates of 1902, 1903 and 1905, relate, respeotival^ to import duties, light ard harbor dtres, and extra- .%»M » I fiutt~-* >.>f ■r 1 f« Department of State Division of Western European Affairs February 16, 1929 ^ ^ Mr. Caetle: AIRS J ry 19, 19E9 The bargain to which Sir Esme refers, namely that the British would keep their hands^ oulin Liberia if we would revise the Muscat vreaty was never so explicit as j might be inferred from this Note, To be U sure Great Britain refrained from naming a tlbar. Liber ian Receiver under the 1912 Loan but ' with the extinction of that loan her right to do so vanished. Other factors than Mus- cat entered into the British decision not to name a Receiver, and as a matter of fact I do not recall that we ever acquiesced in Lord Curzon*s proposal. Their present sugg- estion that we owe them something on that account does not seem well taken and should be totally ignored in determining whether we should or should not accept revisions of the Muscat treaty. The proposed revisions should be studied purely from the light of American interests and the customary con- siderations of comity, but in oTir negotia- tions we should totally ignore all referenc to Liberia. ■I i: 1 v4i Ish iaoix2A«a thB north and east of Tanganyika oonaular dlstri Ireotly oonoem n Ijj^ of Muscat was «r the separation [if ied and confirmed lOther treaty liated in 1886; CD ^,^r|il!c fSto Muaoai7 o^ egard to the secured for our g privileges and f |L833. any rights. the consular C3 reprisentsbivea of the most favored nation In the sultanate of Zanzibar. In addition the United States h^s concluded three treaties with Great Britain, as protector of Zanilbar. These treaties, which bear ^ the dates of 1902, 1903 and 1905, relate, respective to Import duties, light and harbor dues, and extra- 1 >: f 'm<^fmww% ^*i » ■ i-_ haa oonoludad thraa traatiaa with Oraat Britain, as protaotor of Zanzibare Thaaa traatiaa, nhioh baar tha dataa of 1902, 1903 and 1905, ralata, raapaotiia to import dutlaa, light and harbor duaa, and axtra- •'*'i ^ 1 . i » « ; 9 • , . '.1 \'} ■*\i\. .'.i I II 1 I iMh X w ..J If ■• i / DEPARTMENT OF STATE Division of near eastern affairs -a- territoriality in Zanzibar. treaty of 1633 tith llusoat haye been altered oonsid- erab3y insofar as they apply to Zanzibar. Aa far as I oaa learn, hoveyer, the proYisions of the original treaty remain intaot in Muscat itself. The question now brought up by the British Embassy in regard to Zanzibar therefore would not appear to v oome withi^ the jurisdiction of this division. It * is suggested, howeyer, that when the final reply to the Bmbassy is drafted it be nade olear that the rights that we majr relinquish in Zanzibar do not appl to Musoat, iriiioh should haye entirely separate treat- ment. X I j .1 J (i /\ rebme.ry 25. 192'» ^ ■•••U^Mft « i I liav* th« iMMv %• Mtet«U4g« tto r«Mipt 9f \ Mat dMir«« «• lift¥« At U«I«« iy $ Mtf f •^ %te tMntr #f AJittf tad 09«MfO« of IMI %•%«••» %lM flBit«4 #%*%•• Mid ■M«at t9fi—9 iM •• fur M ••&«•»• tl» BvitisH ?f#te«t«fm^|. df Sftisita? t ctO V T»u i«««iv« «Wtl»t ftv aaf •• tliftt tUt 0«v«fft» MBf U pftfik]«d %• ••••pt la ptiasi^ tiM aodifi^aUMM V^l o •■ •f %bm— ayti«laa pvap*M4 bf Hit lliii««tf*t ik%r% %m tlM aia ala ilaf paiacraplw %t^f9mx mM* Xa ftply S lMv« tiM kaaty %• iafaia f«ii Mat •lapathaUa •MMidtfatiaa vill ba givta ta %Im ptapaatla \ aada ¥r Ha la|aat]rU OaTsraaaat aai titet I aliall ba ^ V gXad %a iafam yaa at aa aaflf a data aa paasibla at tka Tlaaa SI a fiiaaliaMT tha lUfit liaairtlt Ai»iieiiat af Otaat •aitaia* \' *y -4 wx ''/ J-"' : (K-c.w . ». ' ^ '?.::. ^^«. .■^.'^^.ciftA _>^ > >. ..-■ci vtfj«., '•^j.^i. «. ^L-d.. ... ^■n,,i>i^jk..j^'-itit*'.*'-i.iL^iiL.' krr . '^m irl erli-it ■«, ^'^*t' >L " I fc I •^ : s.1. A« ^1^ ^f . jiAi^iA ^^» .. ^ A i.'>J .' -•- •-- - -^ '^-'■i- i ' '"" II I l — '• - ■'' '-'■ V T f '^ ' « Ho. 327. V "• I* ••' / His Britannic I^iajeaty's Ambassador presents his compliinents to the secretary of State and, v/ith reference to ilr.Kello^^g' a ^ note No. 711.48Y£/r^of February 25tli last, has the honour to enquire whether he may shortly expect to be apprised of the views of the United States Groverniaent in regard to the proposals of His Liajes%'s Grovernment for the revision of certain articles in the Treaty of 1833 between the United States and Muscat • \ I I ^:^C^ ^^ t i ^v* ( Q T.s. oo I CO r o BRITISH S1.IBASSY, WA3EIIIGTCIJ. D.C., June 15th, 1929. \ 4 3 % • .' tlk 11 - .J TREATY r AUG 6 t97Q m^fi^n iUL 2 His Britannic I.Iajesty*3 Ambassador presents his compliments to the Secretary of State and, v/ith reference to Ilr* Zellogg's note llo* 711.48V2/^of Petriiary 25th last, has the honour to enc^uire whether he may shortly expect to "be apprised of the views • • of the United States &ovemment in regard to the proposals of His llajesty's Government for the revision of certain articles in the Auffust 5 xsaii Treaty of 1833 between the United States and lluscat. \ CD I CO CD A.7 / BRITISH E!.mASSY V?A3IIi::0T0IT, D.C., July 25th. 1929 C5 > - t .■ - » V * J M '- ■\,t t V / ' t'1 ^\i .♦ -.'*••♦ '^■:t-^U-. ti H ' 4*^ A..:: ;:* : Wi>tS i » Th« 8«0r«ta«y of 8tM« pr«««iitt bit 0«aplla«iitt to Rio Izoollonoy tho Aaboooodor of Oroot Britoln oii4» with roforoaoo to tho Aabosoodor^o aotoo lo. 418 of iluly dS« V 19a9» ond lo, 58 of January 51, 1989, oonoomlng tho ▼lolon of tho troaty of 1683 botvoon tho Unltod Statoo and Muaoat In Ito aiypllcatlon to tho Santlhar Protoetorato, oC^ hao tho honor to oay that tho aattor it rooolring oon- oldoratloa by tho approprlato authorltiao of thio OoTorn- 7 ^ ■ont and that an ozproaoion of tho tIowo of thio OoTom- f aont on tho propoaalo of Rio lfajooty*a OoTornnont will bo ooanunioatad to tho Aabaaaador ao toon ao praotloablo. Dopartaont of 8tato, faohlngtoa. August 5.^ igaa 711.48 ▼ 8/18 CK o , V9^ '-'"' /vyVl^ TDt 8tStS9 »» M» ..^»,». ,1 I i iif rw ' n I ■iiaaaxiaMlM , July 3J^/l9a9 Oharltt H. Albrtoht, t»quir«» Bairobi, KtBTAt Katt Afrioa, Sir: Th« British QoT«rmi«nt hma r«o«ntly propoMd otrtain ■odifloationt in tha taraa of tha Tlrtaty b«twaan tha Unit«4 Statat and Huaoat (1 Malloy 1838) in Itt appll- oatioa to tha Zantlbav Protaotorato. Tha proTltloaa rtquottad to ba rarload art allogad to ba obaolata and no longar oonoonaat with tha adaini Frotaotorata aloaa aodorn Unas. fbr your oonfidontial a takon froa a nota roaolTad froa tha Britiah labatty in thio oonnootion. "It would bo auffioitnt for tha purpooao of Hio itojoaty** OoTarnMnt if tha Unitad Statoa OoTomaont oould ooa thoir way to undtrtaka:- "(a) That thay will not intarprtt artlolo IX of tha Unitad 8tatot-Mu«oat Troaty of 1833/^ nor artiola II af tho Traaty of J^ly 8rd» 1888. batwaan tha Uhitad 8tat aa and ianiibar (to far at tha lattar artiola aoroly ra-affiras artiolt IX of tha 1838 Ttaaty) aa Justifying Oaitad Statoo Oonoular Offiaort in olaiaing iaaunity in tha Oourts of Sansibar. "(b) That thay will not alaia» in wirtut of artiola II of tho Troaty, that Unitad Statao aitigano ara frot to import into Saatibar artioloo tha iaportation of whiah is prohibitad by tha Frotootorata floTornaont, always proTidod that auah prohibition doss not disoriainats against artiolss produoad in tha Unitsd 8tatss. "(o) That, in ths oTsnt of tha QoTsmaant of Zansibar finding it dsairabls on grounds of publio polioy to fix prioas of food or othsr ooaaoditias, and always proTidsd that suah prioa-fixing aaasurss c\0 ?^ r J^ do not j (^ ^ \ - 2 - do not InYolTTc ditorlalaatlon against axtlolts produoad In tba Unittd States^ thay will not ragard as oparatlTS tha olausa In artlcls II of tha 1833 Treaty prohibiting ths establish- ■ant by tha Sultan or his officers of any fixed prioa on articles to be sold by «erohants of tha United States ox on ■eTch^ndiae aiiioh the latter ■ay wish to purohaaa. Hin putting forward the first of the abora requests, I aa once sore to explain that this proposal on the part of His Uajeaty'a GoTemaiant is not made on aooount of any objection to tha conduct of any United States Oonsul in Zansibar, but is nerely designed to reaove a special axeaption ahioh is superfluous under the present settled adninistration of the Proteotorate. "As regards artiole 3 of the United States- Muscat Treaty » I aa to offer the following obeeryations on the part of ay aoremaant and to request you to be so good aa to oonfira to ae on behalf of tha United States QoTernaent that tha assumptions of His Majesty's Gtovemaent art oorraot. ■^His Majesty's GoTernaent have hitherto regarded themselTes as at liberty to approve the Inorease by the Zansibar Qoyernasnt of rates of iaport duty into the Protectorate, in aooordanoe with the spirit of the oonventloQ of St. Crermain-en-Laye, the purpose of which was to revise the rastrletlTa provisions of the earlier Aot of Berlin and Deolaration of Bruenels so as to enatile sufficient revenues to be raised for the proper adalnistration of certain parte of Africa in aooordanoe with changed conditions and upon ■K>dern lines. Tha United States ware not parties to tha Aot of Berlin nor, consequently, to the Deolaration of Brueeels, nor were they parties to the convention of St. Geraain-en-Laya. Kevertheleas His Majesty's Govern- ment assuae that tha United States Govemaent do not, under present olrounstanoea, iueiat upon tha limitation to a aaxlmua of tan per cant a^ valoraa . in aooordanoe with the tarae of artiola To f the OonventloD of the 31 st May, 1902, batween Great Britain and tha United Statea of the Iaport duties upon aarchandisa laported into the Protectorate. Cn slailar grounds His Majesty's Government assuae that the United States Govemaent do not insist, in virtue of article III of the Treaty of Septeaber 21et, 1833, batween tha United States and Muacat, on the limitation of export duties raised by the Zansibar Govemaent." £1 The /\ ^ 3 - Th« D#partB«nt wlXl appreolat* a datailsd report froa you at the earliest practicable tiae giving an ezpreesion of your riewe in regard to the propoeale of the British aoTernsent. several I an, 8ir» Tour obedient servant^ For the Secretary of State: H r. ^"^^Tl, H Ji. V / Xnolosures ; Treaty Series 247, 414. 439, and 446. 376, ^i C^ 2 9pm Jul ' {K 711.48T2/9 tAAR}3S <•■■ ^ V FA V/»£ if ^ h. Al tn^^ r \ / h \ V c ?> \ \ V \ Department of State TREATY DIVISION [EMORANDUM ^^^^'y oimm'^i If J. Ba March 14, 1929. this ^^overnment should agree to the modification of certain provisions of the Muscat Treaty in its application to the Zanzibar Pro- tectorate where it is clear that such provisions are obsolete and no lon^^er consonant with the administration of the Protectorate prop)erly and where adequate guarantees are substituted against inequitable treatment of American citizens and their interests. In the British Ambassador's note No. 52 of Jan- uary 31, 1929, he advances certain propositions which indicate the objectives of hie Grovernment and ere as follows; that this Government will agree: "(a) That they will not Interpret article IX of the United States-Muscat Treaty of 1833, nor article II of the Treaty of July 3rd, 1886, between , the United States and Zanzibar (so far ps the latter article merely re-affirms article IX of the 1833 Treaty) as justifying United States Consular Offi- cers in claiming immunity in the Courts of Zanzibar. "(b) That they will not claim, in virtue of article II of the Treaty, that United States citi*^ zens are free to import into Zanzibar articles the:- importation of which is prohibited by the Protec-^ to rate Grovernment, 'always provided that such prohir bition does not discriminate against articles prorg duced In the United States, -"^ "(=)i. - k.^. .-1. % / Department of State TREATY DIVISION -2- "(c) That, In the event of the Government of Zanzibar finding it desirable on grounds of public policy to fix prices of food or other commodities, and always provided that such price-fixing measures do not involve discrimination against articles pro- duced in the United States, they will not regard as operative the clause in article II of the 1833 Treaty prohibiting the establishment by the Sultan or his officers of any fixed price on articles to be sold by merchants of the United States or on merchandise which the latter may wish to purchase." It would seem to me that before we further consider this -•St matter, we should consult Consul Charles H. Albrecht, who appears to be our senior representative in the Nairobi district which includes the Zanzibar Protectorate, His views on the Vbove propositions would doubtless be very useful to the Department before taking action. If an in- strxicticn is approved I shall be glad to prepare it. •a)t< This Government has heretofore agreed by separate treaties to other modifications of the Muscat Treaty in its application to Zanzibar (see treaty series 414, 429 and 446 herewith attached). If the Department should find it feasible to agree to new arrangements affecting our relations with the Zanzibar Protectorate which may differ from the terms of existing treaties, I am of the opinion that it would be better to make new treaties superseding the older ones. In other words, the method ^ suggested 1 J,, -4 ^> \ 4»" Department of State •«t. ,,',■)■• ,.»•■ .tii-' TREATY DIVISION -3- Buggested by the British note for the United States Gov- ajpoment not to interpret certain articles as meaning thus and so, or not to claim certain things by virtue of certain existing treaty articles, would seem to be less desirable procedure. 711.48V2/9 TD:JTK:IQa ^.1 ^ M m ^' TREATY SERIES. No. 2Ai \ TREATY BETWEEN THE UNITED STATES AND MUSCAT AMITY AND COMMERCE SIGNED AT N^SCAT. SEPTEMBER 21, 1833 RATinCATION ADVISED BY THE SENATE. JUNE 23. 1834 RATinCATIONS EXCHANGED AT MUSCAT, SEPTEMBER 30. 1835 PROCLAIMED, JUNE 24. 1837 — " WASHINGTON GOVERNMENT PRINTING OFFICE 1914 \ i \ I ! r Hjf V ^. IS. 1 ^ {'•■■ * "> U- ^ By the Prksident of the United States ok Amfkk a A PROCLAMATION . Whereas a Treaty of Amity and Commerce between the government of the United States of America and His Majesty Seyed Syeed bin Sultan of Muscat, and his Depend- encies, was concluded and signed at the city of Muscat in the Kingdom of Aman, on the twenty-first day of Septem- ber, in the year of our Lord one thousand eight hundred and thirty-three, which Treaty is word for word as follows; A Treaty of Amity and Commerce, between the United States of America and His Majesty Seyed Syeed Bin Sultan of Muscat and His Dependencies. Article i. There shall be a perpetual Peace between the United >^ States of America and Seyed Syeed bin Sultan and his dependencies. ' r 2. The Citizens of the United States shall have free liberty to enter all the Ports of His Majesty Seyed Syeed bin Sultan, with their Cargoes of whatever kind the said cargoes may consist. & they shall have the liberty to sell the same, to any of the subjects of the Sultan, or others who may wish to buy the same, or to barter the same for any produce or manufactures of the Kingdom, or other articles that may be found there— no price shall be fixed by the Sultan or his Officers on the articles to be sold by the Merchants of the United States, or the merchandize tiiey may wish to pur- . chase— but the trade shall be free on both sides, to sell, or buy, or exchange on the terms, & for the prices the owners may think fit— and whenever the said Citizens of the United States may think fit to depart they shall be at liberty so to do— and if any Officer of the Sultan shall contravene this Article, he shall be severely punished. It is understood & agreed however, that the articles of Muskets, Powder and Ball can only be sold to.the Government in the Island of Zanzibar— but in all the other ports of the Sultan, the said muni- tions of war may be freely sold, without any restrictions whatever to the highest bidder. > 3. Vessels of the United States entering any port within the Sultan's dominions, shall pay no more than Five per centum Duties on the Cargo landed; and this shall be in full consideration of all \ Y 4 import & export duties, tonnage, license to trade, pilotage, anchor- age, or any other charge!**'wfiatever. Nor shall any charge be paid on tiiat part of the cargo which may remain on board unsold, & re- exported — nor shall any charge whatever be p)aid on any vessel of the United States which may enter any of the Ports of His Majesty for the purpose of re-fitting, or for refreshments, or to enquire the state of the market. 4. The American Citizen shall pay no other duties on export or im- port, tonnage, license to trade, or other charge whatsoever, tJian the nation the most favored shall pay. 5. If any vessel of the United States shall suffer Shipwreck on any part of the Sultans Dominions, the persons escaping from the wreck shall be taken care of and hospitably entertain'd at the expense of the Sultan, until they shall find an opportunity to be return'd to their country — for the Sultan can never receive any remuneration whatever for rendering succour to the distressed — and the property saved from such wreck, sfiall be carefully preserv'd and delivered to the owner, / pr the Consul of theUnmsxi States, or to any authorized Agent. 6. The Citizens of the I. nited States resorting to the Ports of the >v Sultan for the purpose of trade, shall have leave to land, & reside in the said Ports, without paying any tax or imposition whatever for such liberty, other than the General Duties on Imports which the most favored nation shall pay. 7. If any citizens of the United States, or their vessels, or other property shall be taken by Pirates, and brought within the Domin- ions of the Sultan, the persons shall be set at liberty, and tlie prop- erty restored to the (jwner if he is present, or to the American Consul, or to any authorized agent. 8. Vessels belonging to the subjects of the Sultan which may resort to any port in the United States, shall pay no other or higher rate of Duties, or other charges, than the nation the most favored shall pay. X / 9- The President of the United States may appoint Consuls to A reside in the Ports of the Sultan where the principal commerce shall be carried on; wliich Consuls shall be the exclusive judges of all disputes or suits wherein American Citizens shall be engaged with each otlier. Tliey shall have power to receive the property of any American Citizen dying within the Kingdom, and to send the same to |his heirs, first paying all his debts due to the subjects of the Sultan. The said Consuls shall not be arrested, nor shall their property be seized. Nor shall any of their houseliold be arrested, but tlieir persons, and property, & their houses, shall be inviolate — ShouUi any Consul \ >< m I however, commit any offence against the laws of the Kingdom, com- plaint shall be made to tlie Presicjient who will immediately displace him. Concluded, ^Signed and Sealed, at the Royal Palace in the City of Muscat in the Kingdom of Ainan the twenty first day of September in the year One thousand, Eight hundred, & Thirty three of the Chris- tian Era, & the Fifty Seventh year of the Independence of the United States of America, corresponding to the Sixth day of the Moon called lamada Alawel, in the year of the Allhaira (Hecfira^ Twelve hundL^eiJ and Forty Nine. ^ l^DMUNi) RoBKRTs [Seal.] Whereas the undersigned Edmund Roberts a Citizen of the United States of. America, and a resident of Portsmouth in the State of New Hampshire, being duly appointed a Special Agent by Letters Patent, under the Signature of the President and Seal of the United States of America, bearing date at the City of Washington the twenty sixth day of January, Anno Domini One thousand, eighth hundred & thirty two, for negotiating & concluding a Treaty of Amity and Commerce between the United States of America, and His Majesty Seyed Syeed bin Sultan of Muscat. Now Know Ye, That I Edmund Roberts, Special Agent as aforesaid, do conclude the foregoing Treaty of Amity & Commerce, and every Article & Clause therein contain'd, reserving the same nevertheless, for the final ratification of the President of the United States of America, by and with the advice & consent of the Senate of the United States. Done at the Royal Palace, in the City of Muscat, in the Kingdom of A^man, on the twenty first day of September in the year of our Lord One thousand, eight hundred & thirty three, and of the Inde- pendence of the United States of America, the Fifty Seventh, corre- sponding to the Sixth day of the Moon, called lamada Alawel, in the Year of Allhajra (Hegira) one thousand two hundred and Forty nine Edmund Roberts. And whereas the said Treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at the city of Muscat, on the thirtieth day of Sep- tember, one thousand eight hundred and thirty-five; Now, therefore, be it known, That I, Martin V^an Buren, President of the United States have caused the said Treaty to be made pubhc, to the end that the same, and every clause «•*•* • • ^'> and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the Seal of the United States to be affixed. Done at the city of Washington this twenty fourth day of June, in the year of our Lord one thousand eight hundred and thirty-seven, and of the Independence of the United States the sixty first. M. Van Buren By the President: John Forsyth Secretary of State. [seal.] / .1 iiifll T^-' ^ ' JF 37^ ZANZIBAR: IMPORT DUTY AND CONSULS. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND ZANZIBAR, ENLARGING AND DEFINING STIPULATIONS OF THE TREATY OF SEP TEfUBER 21, 1833. Cojicluded at Zanzibar, July 3, 1886. Ratification^ tcith amendments, advised by the Senate, April 12, lvS88. Ratified by the President April liO, 1888. Ratifications exchanged June 29, 1888. Proclaimed August 17, 1888. By THE President of the United States of America, A TROCLAMATION. Whereas a Coiiventiou between the Uuited States of America aud Ilis Highness Bargbash bin Said, Sultan of Zanzibar, was concbided July 3, 1886, enlarging and defining the stipulations of the Treaty of September 21, 1833, between the United States of America and His Majesty Sey6d Said Bin, Sultan of Muscat and Sovereign of Zanzibar, which Conveirtion, as amended by the Senate of the United States is word for word as follows: The Government of the United States of America and His nigbness Barghasb bin Said Sultan of Zanzibar, being mutually desirous to con- firm and strengthen the friendly relations wiiich now subsist between the two countries by enbirging and detining the treaty stipulations already existing between them in virtue of the Treaty concluded on the 21st of September 1833, corresponding to the sixth day of the moon called Jamada Alawel in the year of the Allhajia 1240, between the United States of America and His Majesty Seyed Syed bin Sultan of Muscat (and Sovereign of Zanzibar), which Treaty has continued in force as to Zanzibar, aud its dependencies after the separation of Zan- zibar from Muscat, and has been expressly accepted, ratified and con- firmed bv His said Highness Barghash bin Saiid, Sultan of Zanzibar on the 20^»» of October 1879, corresponding to the 4^'» Zulkaawers and imnjunities secured by said article, enjoy all the riglits, privileges, immunities and jniisdietional j)owers which are now or iiijiv liereatter hi* (*nj(),\t*d by the Consuls and Consular Agents of the most finored nations anossible. ..• Hone in duplicate each copy being ni the English and Arabic lan- guages, at Zanzibar the third day of July ltS8(), c()rresi>()n(ling to the thirtieth day of the nH)on called Kamajan in tin* year of the Ilegira, 1:503. Frederic M. Cuenev (seal) Mohamet Salim bin Mahommed Ali Mavll (seal) And whereas the said Convention has been duly ratified on both parts, and the ratiiications of the two Governments were exchau;:ed at Zan- zibar the twenty ninth day of ,)un(», one thousand eight liumlnMl and eighty-eight ; Now, therefore, be it known that I, C rover Cleveland, President of the United States of America, have caused the said Convention, as amended, to be made public, to Unbend that the same, and every article and clause thereot, may be observed and fultilled with good faith by the United States of America and the citizens thereof. In witness whereof, I have hereunto set iny hand, and caused the seal of the United States to be aflixed. ^ ■■ w^. 3 Done at the City of Washington this IT**^ day of August, in the year of our Lord one thousand eight hundred and eighty-eight, and [SEAL] of the Independence of the United States the one hundred and thirteenth. Grovee Cleveland By the President : T. F. Bayaed Secretary of State. .^^O /' 9 i I r I /* I FMM »fl H^f (JliKAT HKITAIN-IMPOUT DITIES IN ZANZIIJAH. TliK AT Y BKTWEKN THE UNITED STATES AND GREAT BRITAIN CO>'rEKNING f THE ESTABLISHMENT OF IMPORT DUTIES IN ZANZIBAR, Signed (it Wan/ihujtoti Mt'y 3U 1902. J Rcitlfiattlaii with aiHendnwrit udvined hif the Senate June oO^ 1002. Ratified by tfw, Pr^lde}d Jul if 22, 1902. R(dified by Grtdt Rntaln Aiufuxt 27, 1902. Riitificationx rjxfitiiKfed (it Mux/it'in/ft and necessary to facilitate to that portion of the dominions of His Ilic'-hness the Sultan of Zanzibar wliich is uiulrr t\w pi'oteclioii of (Jreat Hiitnin, and which is situaUul in tlie bjisin of i\w. Corijro, as dotiiuvl by tli(' (JiMici-al Act of t\w African (Con- ference at Ucrlin of February 2^\t\\, ISSf). the acconiplishnHMit of the obliirations whicli it lias contnictinl by virtue of the (leiKM-al Act of Hruss(ds of rluly 2nd, lS!n), the Tnited Stat(\s waives any oi)jection on its pail to the collection of import duties upon nKM'chandise iinpoi'tinl into that Pi'otoctorate. The ttiriif of th(V'-ie dutitvs, as pro\ ided in the DtH'laration of Hi'usscds b(^ai'ini!f the same dat(» as the said (leiuM-al Act of Hrusscds, for the period of tifteen yiMii-s next ensuinjj from that (iate, is not to (vxcetul t(Mi ]HM' centum of the vahic^ of tfu^ merchandise at the poi't of impor- tation, except for spirits and for lir<^arms and amnumition, which are re^^'ulatiMJ by tin* (Jeneral Act of Hinissels. At the expiiation of tin* said period of lifteen years, and in (hd'auU of a n(»w ati^i'eenuMit, the TnitiMl Sttitliall hv ratified, and the ratifications shall be exchan^'-ed at \\ a>hin<4ton as soon as may be and within fwehe months from the date hei'eof. Done in du|)lirate at Wa>hin the Conxcntion ha> Ikmmi duly ratified, as amended, on lM)th part>, and the ratification^ of tli«' two (iovernments weretvxchan^n'd 4V r • • f in the city of Washirifrton on the 17th, day of October, one thousand, nine hundred and two: Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention, as amended, to be made public to the end that the same and every article and clause thereof may be observed and f ultillod with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this seventeenth day of October, in the year of Our Lord one thousand nine hundred and two [seal] and of the Independence of the U!iifecd^8^*\teis-.-thp^»^ hundred and twenty-seventh. THEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. O -^ V ; \ '\ \ **M.Jtr ^ . *. L M^^Hft iMiiklMM 7M (;RHAT BRITAIN-LKIHT and harbor DUKS in ZANZIBAR. TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN, ACTING IN THE NAME OF THE SULTAN OF ZANZIBAR, AMENDING THE TREATY OF AMITT AND COMMEBCE CONCLUDED SEPTEMBER 21, 1833, BETWEEN THE UNITED STATES AND THE SULTAN OF MUSCAT, SO AS TO PEBMIT THE IMPOSITION OF LIGHT AND HAB- BOB DUES ON VESSELS OF THE UNITED STATES ENTEBING THE POBTS OF ZANZIBAB AND PEMBA. Siijned at Wa^huKjton^ Jane o^ 190 J. Ratiiicatlon advlned by the SeiiaU^ Novemhrr 2o^ 1003, Rattjied hy the Premdent, Deainhev <9, 190 i. Ratified by Great Britain^ June SO^ 1903. RutijieatloiiH exchanijed at Wa^hhiginn^ Deceinber ^21^^ 190J. Proclaimed^ December 21f,, 1903, a? \ Hv THE Presidknt of thk Umtki) States of Ameuka. A PROCLAMATION. Whereas a Treaty between the United SUites of America, and (ireat Britain actinjf in the name of His Hi^liness the Sultan of Zanzibar, Providinfi^for the inip)sition of li^ht and harbor dues on vessels of the nited States enterinj^ the iK)rts of Zanzibar and Peml)a, was eon- clud(^d and siffned by their respec^tive IMenipot^^ntiaries at Washinj^ton, on the fifth day of June, one thousjind nir)e hundred and three, the original of which Treaty, b^ of the Tnited Kinj^doin of (Ireat Britain and Indand and of the British Dominions beyond the Seas, Kmperor of India, acting in th(* name of His Hi^luh'ss tlie Sultan of Zanzibar arc* desirous, in tlu* interest of commeree, of so amending tlie said ArtieU^ HI of tlie said Treaty of Amity and Commerce of September i^lst 1S3;^, as to ])(M*mit tin* imposition of light duos at the rat(* of one anna upon (*\(M*y regis- tered ton, with an addiul har})or due of one aima upon (^erv retrist(M*ed ton, on \'e<^e|s of th(* Tnited Sttites eiitering th(* poi't^ in the islaiids of Zanzibar and B(Mni)a; Now, th(M'(d'()re, the Ilii'h t'onti'aetiujjf Partiivs haNe to that (Mid resolvinl to eonelude a convention, and have for tliis pur})ose appointed their pliMiipotentiaries, to wit: The President of the United States of America, flohn Hay, Secre- tary of State of the TnittMl States; and His Britannic Majesty, Tlie Kight Honorabh^Sir Michaid H. Herbert, (f.C.M.Cf., (\B., His Slai(\stv's Ambassador Extraordinary and Plen- ipotentiary : Who, ha\ inyexhibitiMl each to tlieotlnM* their r(\spective full powtM's which w(M*e found to i)e in diu^and [)r()per t'oi'm, ha\'(* agreed upon the followirii»- articli\s: AUTIOLK 1. It is undiM'stood and agreed hetwe(*n the High Contracting Parties that nothing contained in said Ai'tieh* HI of the said Convention of SepttMnber lilst [s:VA^ shall Ix^ construed as i)r(n'enting the imposition on and collection from vesscds of tin* rnitt^cl Stiit^s entering any ])ort in the islands of Zanzibar and PtMiiba of a light due of one aima per registei'ed ton and an added harbor due of oru» anna pov regist(M*ed ton. His liritannic Majesty, acting in the nanHM)f His Highness the Sultan of Zanzibar, engaging that the light and harbor dues so imposed and collected shall la* applied to the construction and maintiMiance of lighthouses and+Tuoys for the propi'r lighting of the coasts of tin* said islands. Article II. It is further understood and agre^nl la^twetMi the High Contracting Parties that the consent of the Cuited States to the iiin)ositi()n and colleitioii of the light and harbor dues aforesaid is given on the con- ditions: — 1. rhat really ade<(uate lighthouses ai-e ])i()\ ided and maintaine(l; also that lights shall be placed upon the buoys when r(M|uin^d by Ameriam vessels entering or leaving the harbor of Zanzibar at night. 2. That accounts of the receipts and exp(Miditure of the dues are carefully kept and published. 3. That provision be made for th(* reduction of the dues if they should heri^after become disproiK>rtionat(» to the ex|>enditure. 4. That the consent of all ilw other Powers having treaties with Zanzibar be given to the imjK)sition of the said li^rht and harlH)r dues on their vessels, and that vessels of the Cnitt^d States be subject to no ditTerential treatment. k i ■i- If I I f V. I \ s 3 Articlk III. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by his Britannic Majesty, and the ratifications shall be exchanjjed in the City of Washington as soon as practicable. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at the City of Washington, this fifth day of June, in the year one thousand nine hundred and three. John Hay seal. Michael H. IIekbekt [seal. And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the 24th day of December, one thousand nine hundred and three; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of AmcM'ica, liave caused the said Treaty to be made public, to the end that the same and i^verv article and clause thereof, may be observed and fulfilled with good faitii by the United States and the citizens thereof. In U\stiniony whereof, 1 have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the Citv of Washington, this twentv-fourth dav of [seal.] December, in the year of our Lord one thousand nine hundred and three, and of the Independence of the United States the one hundred and twenty-eighth. Theodore Roosevelt By the President: Fkancls B. Loomis. Acting Secretary of State. o 4 . »- • vy^ GREAT BRITAIN EXTRATERRITORIAL RIGHTS IN ZANZIBAR. / TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN BY WHICH THE UNITED STATES RELINQUISHES EXTRATERRITORIAL RIGHTS IN ZANZIBAR. I mf)^ V ( Sigyied at Washington^ Fthnuiry 25^ 1905. Ratijicat'um Mdr'iHtd }>y tin' Senate^ March 8^ 1905, Ratijied hy th Presldt^nt^ May 7^, lfK)5. Ratijitd hy Great Hrlta'ni^ April J^ 1905. RatliicationH exchanged at Washingfoii^ June 12^ 1905. Vroclaiaied^ June i^, 1905, By thk Presidknt of the I'nited States of America. A PROCLAMATION. Whereas a Convention l>etween the United States of America and His Majesty the Kinjj of the United Kingdom of (ireat Britain and Ireland and of the British Dominions l)eyond the Seas, Emperor of India acting in the name of His Highness the Sultan of Zanzibar, hy which the I'nited States agrees to renounce in the British Protectorate of Zanzibar, and in that part of the mainland dominions of His High- ness the Sultan of Zanzibar which lies within the Protectorate of British Kast Africa, its extraterritorial rights in favor of the British courts therein established, was concluded and signed bj- their respec- tive Plenipotentiaries at NN'ashington, on the twenty-Hfth day of Feb- ruary, one thousand nine hundred and tive, the original of which Convention is woiti for word as follows: The United States of America and His Majesty the King of the United Kingdom of (Jreat Britain and Ireland and of the British Dominions In^yond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, have, for the purposes hereinafter stated, appointed as their Plenipotentiaries, namely: The President of the United States of America, the Honorable* John Hav, Secretary of State of the United States of America; and His Britannic Majesty, the Right Honorable Sir Henry Mortimer Durand, (i. C. M. G., K. C. S. I., K. CJ. I. p]., his Ambassador n — \ tttaiMiAtttttfl ftrtifeii^HMHll mi ■1 o • < I Extniordinarv and Pk'nipotciitiaiv near the Cioveriiinent of the L'nited State.s; \Mio, after havintr coinimnncatod each to the othcM' their respective fidl powers, t'ouiul in good tiiid (hie form, have agreed npon the followini'" articles: Aktui.k I. '^■"^ rhe Tnited States of America airree enonnce in the British Pi'otiH'torate of Zanzihar, and in that part of the mainland dominions of His Highness the Sultan of Zan/i))ar which lies within the Pio- tectorate of British Kast Africa, the extraterritorial rights secured to it ))y the treaty of Septemher 21, IKM^, h(»tween the rnitcnl States and the Sultan of Muscat, and the treaty of July H, lcSSr>, l)etween the United vSbites and Zanzihar. The jurisdiction extM'cised thereunder by consular courts of the United States in the British Protectoi'ate of Zanzihai' and in that i>art of the mainland dominions of His Hij^hness the Sultan of Zanzihar which is uncU'r British protection, and all the exceptional privileji^es, ex(»m|)tions, and immunities enjoyed hy citizens of the United States as a nart of or api3urt(Miant to such juiisdiction, shall absolutely cease and deterfnine. It bein^^ understood, ho\v(»ver, that this renunciation shall not tjike etiect until such time as the ritrhts of extmterritorialitv enjoved in Zanzibai* l)v other nationsshall have been likewise renounced. •' » ft Article II. In consideration of this remmciation bv the Ignited States of America, ft the (fovermne.nt of His Britannic Majesty ajj^rees to empower tlie compet(Mit British courts which have been (Established in the British Brotectonite of Zanzibar and in that part of the mainhmd dominions of His Hi{]^hness the Sultan of Zanzibar which is under British pro- tection, to exercis(» jurisdiction o\ er citizens of the Ignited States the same as over British subjects and British protected persons, and that citizens of th(* United States shall have in and })efore said courts all th(* riffhts and privileges that belonf^* and are accorded therein to British subjects and to British protected j)ersons. Ahticlk hi. The present Convention shall Ik* ratified by the President of the United States of America, bv and with the af^dvice and consent of the Senate thereof, and by His Britannic Majesty, and the mtitications shall l>e exchanged at Washin<^^ton as soon as possible. In faith whenH)f, W(\ tin* respective Plenipotentiaries, have signed this Convention and have hennmto aftix(*d our seals. Done in du[)licate at the City of Washing-ton this twenty-tifth day of Februarv, in tin* V(*ar of our Loid one thousand nine hundred and • ft. five. rlonN Hay H M Dl'KAM) SKAL. SKAL. And whereas the said Convention has bem dulv ratified on both parts, and the ratification^ of the two jrovernments were exchanyc^d in ^"^^ V ^';.. *». .*^ *' V ^ ^ . <^; f f i the City of Washington, on the twelfth day of June, one thousand nine hundred and tive; Now, therefore, be it known that I, Theodore Roosevelt, Presi- dent of the United States of America, have 'caused the said Conven- tion to be made public, to the end that the same and every article and clause thereof may be observed and fultilled with ^ood faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this twelfth day of June, in the year of our Lord one thousand nine hundred and tive, ' ^^'^^' I and of the Indenendence of the United States of America the one hundred ana twentv-ninth. Theodore Roosevelt By the President: Francis B. Loomis. Acthuj Secretatnf of State. I \ J mam 7WPT'-'-1, ■, .'t I ■>••,(,.• DEPARTMENT OF STATE r f DIVISION OF FOREIGN SERVICE ADMINISTRATION TD I oono Tir In the_ suggestion FATE SION ?>* June 14, 1929. ^X-ja y^^l-^'^ ITfvpare at to '^9?!^*^ Nairobi should be r I guested .1 >n of his Tiews on the subjeot* FA FM / TREATY OiVISlO ns inl the treaty of 183 treaty aoipi](^48 U©2ttanziliar ate that thie Division, t|h general, symnathetic to acced- Itlah Government, trl subject, however, I shall ar^Tjreclate having your opinions. The attention of EA is Tsaxticularly called to the last paragraph of the British note of January 31, 1929, which sets forth the reasons why Great Britain asks for the modifications referred to. j y .m9 ^^ V CO CO * I \ 4 ■«-."• J I V *•'.»' • > « i- OF8TATB Treaty Division '/^//^. ( iuuiutLsi—-ix£h "Z^Cj:* A oxautsvu:} ^ (L^ /^. Aujuu^jtAAMJijUjUA^ ™r >^ o o o r TREATY OiVlSlO one Inl the treaty of 183 t treaity aDolrJ-^e H©2ttanzil:)arJ t 1 cate that thie Division, tjhe I n Affaire and tae M^ieion o general, eyifinathetic to acced- Brltleh Government. >e subject, however, I shall ^ aT)preclate having your ooinlons. The attention of EA is naxticularly called to the last paragraph of the British note of January 31, 1929, which sets forth the reasons why Great Britain asks for the modifications referred to > h-i / y 'm9 ^'^' TD: .; to 03 n A i 4*-: »«iA "^ • ' ^ af . t 't-' • iS»'?^ .^ ' •'. TTJ ■^' — - J- N - ^"^^5 jft'-^ Department of State OFFICE OF THE ECONOMIC ADVISER OF State IVISION » June 14, 1929. ^<^(£» ^<-*t'<^ I T'^tATY DiVlSlO lone Inl the treaty of 183 at treajty aDp^j^^e H©28anzil^8rJ icate tiiet this Division, t^e I an Affaire and tn« lH.¥ieion o ^ n general, symoathetic to acced- Britieh Government. e subject, however, I shall .'A 8T>preciate having your ooinions. The attention of EA is narticularly called to the last paragraph of the British note of January 31, 1929, which sets forth the reasons why Great Britain asks for the modifications referred to I ll i ^ y' y > ,m9 ^'^ ay CO P ■^. »'^--%,^»- •v\ m M^ ..■\^ / y * > Depabtment of State ATY DIVISION June 14, 1939. ^xjia /i.*^'*^ x^^ t^ The British Oovernment has agJi£d_tMa-il \ TREATY OiVlSiO agree to certain modifications inj the treaty of 183 with Muscat, insofar as that treaty aoplj^^s ■H828anzil[}ar) The attached memoranda indicate that this Division, tjhe \ Division of Western Eurorjean Affairs and th« &ivi»ion Near Eastern Affairs are, in general, symoathetic to ecced- Ing to the desires of the British Government, »» Before drafting on the subject, however, I shall I appreciate having your oDinions. The attention of EA is particularly called to the last tjaragraph of the British note of January 31, 1929, which sets forth the reasons why Great Britain asks for the modifications referred to. ,m9 ^^ ^^ CO CO / I \ "V- ; 1 * i i ^ «¥• No. 599. t ^^i e RECO " r">\ • » ; ». ' / I s 7 « 1 J: - ^ 1 \ ffiiis «3?*MJa'hnlc Mtf^'^esty's Charge 'd* Affaire a presents his compliments to the Secretary of > state and with reference to Mr*. Stlmson's note No. 711.48 V 2/12 of August 5th last and previo correspondence concerning the revision of the « Treaty of 1833 between the United States and Muscat, has the honour to stq^e that he has been instructed by His Majesty^ s Principal Secretary of State for Foreign Affairs to enquire whether he may shortly expect to be informed of the views of the United States Government in regard to the proposals put forward by His Majesty^ s Government in this '^\ ^ >^-. \ t i i 1 r 'i' connection. CVD 1£) CO o BRITISH EMBASSY WASHINGTON, D,C., November 4th, 1929. ^ \r^ x 1 The fleoretary of St&t« pieaents his GomplloMn-tt to th« Charge d' iff alret ad Interln of Greet Britain SBd, vlth raference tc the Emhaasy^c note Ro. 599 of RoTenher 4, 1929, conoemin? the reTlelon of the treaty of 1833 tetwefixi the United ?tatee and i^uscat in Itt application to the Zanslhar Protectorate, wlfhea to say that the aattef la still lecelTlng oonfiideration ^ ^ hy the ftittborltlea of thie aovemaent and that it it expected that the Department eill ahortly be In a position to eoBvunloate to the lahaesy an ezpreesion of the Tieve of this CtoTemaent on the proposals of His Majesty* • Ck^Ysnaeal. Departaent of State, Washington, ^0^- 7H.48V8/ie K or ts ' 'vember 14 i - Hj .,n^.. i)^^9^'